Search for: "3 NY3d 1"
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12 Apr 2018, 1:17 pm
Similarly, and because the rezoning would be consistent with existing land use, the Board determined that the zoning change (1) would have no impact on the quality or character of the community, (2) would not promote the development of a critical environmental area, (3) would not increase energy use, (4) would not impact public or private water supplies or wastewater treatment facilities, (5) would not impact historic archaeological, architectural or aesthetic resources, (6) would… [read post]
23 Dec 2010, 5:40 am
Co. v Mallela, 4 NY3d 313, 319, 321 [2005]). [read post]
18 Mar 2010, 12:43 am
., Local 1000, AFSCME, AFL-CIO, County of Chautauqua Unit 6300, Chautauqua County Local 807, 8 NY3d 513.In this instance the court concluded that there is a statutory prohibition against arbitration of the grievance.Noting that Rule 24 of the Erie County Rules for the Classified Civil Service, enacted pursuant to Civil Service Law §20 (1), defined the term layoff unit and indicated that "Layoff Unit shall mean each department of the County. [read post]
8 Dec 2011, 7:47 pm
by Jill PapernoSpecial Assistant Monroe County Public Defender 1. [read post]
22 Nov 2009, 1:06 pm
Under the New York City zoning code, a use variance may be granted only if: 1) use of the property for permitted uses would impose practical difficulties or unnecessary hardship because of the unique physical conditions of the property, 2) the owner cannot realize a reasonable financial return from use of the property for permitted uses because of such unique physical conditions, 3) use of the property for non-permitted uses would not alter the essential character of the… [read post]
22 Nov 2009, 1:06 pm
Under the New York City zoning code, a use variance may be granted only if: 1) use of the property for permitted uses would impose practical difficulties or unnecessary hardship because of the unique physical conditions of the property, 2) the owner cannot realize a reasonable financial return from use of the property for permitted uses because of such unique physical conditions, 3) use of the property for non-permitted uses would not alter the essential character of the… [read post]
26 Apr 2009, 12:52 pm
In Morrice the Court reversed a conviction for burglary and grand larceny because the District Attorney committed the following eight acts of misconduct, only some of which were objected to by trial counsel:1. [read post]
28 Nov 2008, 2:39 pm
Co., 1 NY3d at 69). [read post]
3 Dec 2018, 4:00 am
., 136 AD3d 551, lv to appeal dismissed 27 NY3d 1077). [read post]
3 Dec 2018, 4:00 am
., 136 AD3d 551, lv to appeal dismissed 27 NY3d 1077). [read post]
2 Nov 2015, 4:00 am
Such a special duty can arise in three situations: (1) the plaintiff belonged to a class for whose benefit a statute was enacted; (2) the government entity voluntarily assumed a duty to the plaintiff beyond what was owed to the public generally; or (3) the municipality took positive control of a known and dangerous safety condition. [read post]
19 Feb 2010, 4:20 am
Supreme Court concluded that the arbitrator had exceeded his power in modifying the penalty and granted the Transit Authority's petition and the Appellate Division, by a 3 to 2 decision, affirmed the lower court’s determination [60 AD3d 1]. [read post]
14 Apr 2025, 5:44 am
Risk Retention Group LLC, 34 NY3d 1 (2019), proximately caused the damages. [read post]
20 Feb 2009, 5:46 am
But he was not advised that he was required to pay a mandatory surcharge of $150 and a crime victim assistance fee of $2 (Penal Law § 60.35 [1]). [read post]
9 Nov 2017, 4:02 am
There is no support for plaintiffs’ contention that defendant had a duty to renew the lease on their behalf, or to advise them of the need to do so (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 9 [1st Dept 2008], lv denied 12 NY3d 715 [2009]). [read post]
15 Aug 2017, 4:35 am
“Judiciary Law § 487 exposes an attorney who [i]s guilty of any deceit or collusion . . . with intent to deceive the court or any party’ to criminal (misdemeanor) liability and treble damages, to be recovered by the injured party in a civil action” (Melcher v Greenberg Traurig, LLP, [*2]23 NY3d 10, 12-13, quoting Judiciary Law § 487[1]). [read post]
4 Oct 2023, 4:29 am
., inter alia, to recover damages for unpaid overtime wages and for failure to provide wage statement notices as required by Labor Law § 195(3). [read post]
11 Dec 2017, 4:26 am
The two prerequisites needed to invoke a continuous representation toll are 1) a claim of misconduct regarding the mann~r in which the profession~l services were performed,· and 2) the ongoing provision bf professional services.with respect to the contested matter or transaction (Matter of Lawrence, 24 NY3d at 342). [read post]
24 Sep 2018, 4:38 am
LLC, 58 AD3d 435, 436 [1st Dept 2009], Iv denied 12 NY3d 830 “[Not only are the two . actions based on the same transactions, but the dismissal of the prior action, to the extent that it found that MHD was not in existence at the time the compensation agreements at issue were entered into, was not merely because of technical pleading defects, but on the merits”: complaint dismissed]; Singer v Boychuk, 194 AD2d 1049, 1051 f3d Dept 1993], Iv denied 82… [read post]
3 Aug 2010, 5:18 am
Co., 2 NY3d 158 (2004). [read post]
