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20 Nov 2019, 2:45 am by Matrix Legal Support Service
A three-fold test for “material considerations” is found in Newbury District Council v Secretary of State for the Environment [1981] AC 578 (“Newbury”). [read post]
19 Apr 2017, 4:38 am by Edith Roberts
On Monday, the justices heard oral argument in Town of Chester v. [read post]
25 Apr 2011, 7:37 pm by Frank Pasquale
The Supreme Court will soon hear oral arguments in Sorrell v. [read post]
31 May 2008, 6:04 am
After a hearing, the lower court agreed and granted GEICO's petition. [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
2 Dec 2021, 7:00 am by Public Employment Law Press
However, in the interest of judicial economy, we treat the notice of appeal as a request for permission to appeal and grant the request (see CPLR 5701 [c]; Matter of Greece Town Mall, L.P. v New York State, 140 AD3d at 1382 n 1; Matter of Lally v Johnson City Cent. [read post]
2 Dec 2021, 7:00 am by Public Employment Law Press
However, in the interest of judicial economy, we treat the notice of appeal as a request for permission to appeal and grant the request (see CPLR 5701 [c]; Matter of Greece Town Mall, L.P. v New York State, 140 AD3d at 1382 n 1; Matter of Lally v Johnson City Cent. [read post]
19 Aug 2014, 9:07 pm by Lyle Denniston
  Indeed, the Court had not even granted review. [read post]
29 Oct 2008, 10:00 pm
Last week, the Supreme Court granted review of the pro-employer meal period opinion in Brinker Restaurant Corp. v. [read post]
12 Nov 2021, 4:00 am by Public Employment Law Press
"However, this broad discretion is not 'unlimited'" (Matter of Lake v Town of Southold, 189 AD3d 1588, 1591, quoting Matter of Maynard v Monaghan, 284 App Div 280, 283). [read post]
12 Nov 2021, 4:00 am by Public Employment Law Press
"However, this broad discretion is not 'unlimited'" (Matter of Lake v Town of Southold, 189 AD3d 1588, 1591, quoting Matter of Maynard v Monaghan, 284 App Div 280, 283). [read post]
29 Jul 2024, 6:00 am by Public Employment Law Press
 In contrast, in disciplinary actions pursuant to §75 of the New York State Civil Service Law the courts have held that "the imposition of multiple penalties was improper" as Civil Service Law §75.3 provides for a choice of penalties, thus prohibiting the imposition of more than one of the discrete penalties set out in the statute [see Matteson v City of Oswego, 186 AD2d 1017]. [read post]
9 Feb 2016, 9:30 am by The Public Employment Law Press
Disciplinary penalty imposed, termination, held reasonable under the circumstancesWeinstein v New York State Workers' Compensation Bd., 2016 NY Slip Op 00505, Appellate Division, Second DepartmentRobert S. [read post]
18 Oct 2016, 11:15 am by The Public Employment Law Press
No. 6 of Towns of Islip & Smithtown v New York State Div. of Human Rights Appeal Bd., 35 NY2d 371, rearg denied 36 NY2d 807).The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_06594.htm [read post]