Search for: "Matter of A.D"
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29 Apr 2014, 9:01 pm
Among other discovery-related applications after the matter had been placed on the trial calendar, Referee Crespo, upon the husband’s request, authorized updated appraisals. [read post]
24 Jan 2012, 2:00 am
Is this an academic point or can it matter? [read post]
12 Apr 2007, 11:03 am
Lawyers must consider the special needs of aliens in divorce, separation or annulment matters. [read post]
25 Feb 2021, 4:00 am
, 79 A.D.3d 1813, the termination of the employee was upheld where the employee had received numerous warnings about her excessive absenteeism, her absentee rate was over 60% for a period of a year and one-half and she had been found to be insubordinate. [read post]
10 Jun 2020, 4:00 am
"The Circuit Court vacated the district court's judgment and remanded the matter to the lower court for further proceedings.In Rychlick v Coughlin, 99 A.D.2d 863, aff'd 63 NY2d 643, the Appellate Division opined that threatening to do what the appointing authority has a right to do – in this instance filing disciplinary charges against Rychlick if he refused to resign from his position -- did not constitute coercion so as to make… [read post]
7 Jan 2013, 4:00 am
* There must be an actual and lawful abolishment of a position in order to lawfully remove an employee from his or her position pursuant to §§80 or 80-a (1976 Opinions of the Attorney General 7; see, also, O'Reilly v Nedelka, 212 A.D.2d 714). ** CSL §80 controls with respect to the rights of employees in the competitive class in the event of a layoff; §80-a controls with respect to employees in State service in positions in the non-competitive class. [read post]
23 Apr 2014, 4:00 am
Judge Pagones said that it is well settled that the failure to maintain a minimum qualification for employment is not an act of misconduct nor one related to job performance that would invoke the disciplinary procedures mandated by Civil Service Law §75, citing Matter of NYS Office of Children and Family Services v Lanterman, 14 NY3d 275. [read post]
2 Feb 2017, 6:13 pm
The last renewal took place in 2012 when the White House expanded the import protections to cover ecclesiastical objects from approximately 1524 to 1821 A.D., in addition to Pre-Columbian archaeological artifacts dating from 2000 B.C. to 1524 A.D.Photo credit: Shmuel Shoshtari/freeimages.comText and original photos copyrighted by Cultural Heritage Lawyer, a blog commenting on matters of cultural property law, art law, cultural heritage policy, antiquities trafficking, and museum… [read post]
25 Feb 2014, 4:50 am
Mattoon v Workers' Compensation Board, 284 A.D.2d 667 – employee not eligible for Workers’ Compensation benefits after leaving her job “due to work-related stress that resulted in depression, posttraumatic stress disorder and generalized anxiety disorder. [read post]
28 Aug 2020, 4:00 am
” * 78 A.D.2d 984, affirmed 55 NY2d 1019. [read post]
30 Aug 2023, 6:00 am
The exhaustion of administrative remedies rule, however, "is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power" [see Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [see Levine v Board of Education, 173 A.D.2d… [read post]
10 Jun 2020, 4:00 am
"The Circuit Court vacated the district court's judgment and remanded the matter to the lower court for further proceedings.In Rychlick v Coughlin, 99 A.D.2d 863, aff'd 63 NY2d 643, the Appellate Division opined that threatening to do what the appointing authority has a right to do – in this instance filing disciplinary charges against Rychlick if he refused to resign from his position -- did not constitute coercion so as to make… [read post]
29 Aug 2021, 9:00 pm
Accordingly, the matter was remanded to the court below to determine an appropriate abatement to compensate the inconvenienced tenants. [read post]
30 Jan 2014, 12:40 pm
Feretti, 85 A.D.2d 40. [read post]
28 Aug 2020, 4:00 am
” * 78 A.D.2d 984, affirmed 55 NY2d 1019. [read post]
14 Aug 2023, 4:51 am
As to conducting disciplinary hearings in absentia, in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819, the Appellate Division held “due process does not require that [the charged individual] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
14 Aug 2023, 4:51 am
As to conducting disciplinary hearings in absentia, in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819, the Appellate Division held “due process does not require that [the charged individual] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
30 Oct 2015, 2:17 pm
Ackley, 169 A.D.2d 254, 255-56 (N.Y.A.D. 1991). [read post]
18 Jun 2014, 4:00 am
State New York et al, 49 A.D.2d 6. [read post]
30 Aug 2023, 6:00 am
The exhaustion of administrative remedies rule, however, "is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power" [see Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [see Levine v Board of Education, 173 A.D.2d… [read post]
