Search for: "MATTER OF APPELL v. Appell"
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31 Jan 2024, 6:22 am
Garland v. [read post]
30 Jan 2024, 2:23 pm
But adverse rulings or occasional snarky comments are almost never a basis to have a judge removed and appellate courts are loathe to get involved in these matters. [read post]
30 Jan 2024, 1:30 pm
Here’s the mythical citation: Matter of Bourguignon v. [read post]
30 Jan 2024, 11:53 am
Turning to case law, the Appellate Division relied on Shah v. [read post]
30 Jan 2024, 11:11 am
We were unable to locate the one cited as "Matter of Bourguignon v. [read post]
30 Jan 2024, 6:00 am
Appellate Division annulled the hearing officer's determination and granted Petitioner's application for benefits pursuant to General Municipal Law §207-c, opining that the hearing officer's determination was not supported by substantial evidence Explaining that "Judicial review of the subject determination is limited to whether the determination is supported by substantial evidence" and, citing Matter of Solano v City of Mount Vernon, 108… [read post]
30 Jan 2024, 6:00 am
Appellate Division annulled the hearing officer's determination and granted Petitioner's application for benefits pursuant to General Municipal Law §207-c, opining that the hearing officer's determination was not supported by substantial evidence Explaining that "Judicial review of the subject determination is limited to whether the determination is supported by substantial evidence" and, citing Matter of Solano v City of Mount Vernon, 108… [read post]
29 Jan 2024, 8:04 am
” Cavitt v. [read post]
29 Jan 2024, 6:00 am
* See Matter of DeFazio v DiNapoli, 211 AD3d 1254, and Matter of Frederick v New York State Comptroller, 204 AD3d 1292.** See Matter of Pirrone v Town of Wallkill, 6 AD3d 447, in which the Appellate Division addressed the recommendation of a hearing officer's finding that the individual was required to undergo spinal fusion surgery or forfeit General Municipal Law §207-c disability retirement benefits. [read post]
29 Jan 2024, 6:00 am
* See Matter of DeFazio v DiNapoli, 211 AD3d 1254, and Matter of Frederick v New York State Comptroller, 204 AD3d 1292.** See Matter of Pirrone v Town of Wallkill, 6 AD3d 447, in which the Appellate Division addressed the recommendation of a hearing officer's finding that the individual was required to undergo spinal fusion surgery or forfeit General Municipal Law §207-c disability retirement benefits. [read post]
29 Jan 2024, 4:46 am
The Appellate Division – First Department has never cited Renick or Dukas. [read post]
28 Jan 2024, 9:05 pm
In its 1984 opinion in Chevron v. [read post]
28 Jan 2024, 8:39 am
McCall v. [read post]
27 Jan 2024, 12:33 pm
But the January 24, 2024 decision in Moody v. [read post]
27 Jan 2024, 2:28 am
Zöchling v. [read post]
26 Jan 2024, 10:08 am
Partnership v. [read post]
25 Jan 2024, 6:18 pm
The matter of prejudice. [read post]
25 Jan 2024, 2:51 pm
As a threshold matter, for those less familiar with Section 533, a brief overview may be useful. [read post]
25 Jan 2024, 4:00 am
”The AD2 thus concluded that the court below had “properly denied” the defendants’ request, and left the outcome undisturbed.Talk about bad judgment ….# # #DECISIONC. v. [read post]
24 Jan 2024, 3:36 pm
[1] Latimer v. [read post]