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18 Jan 2016, 4:00 am by The Public Employment Law Press
Varlack previously served as a principal law clerk for the New York State Supreme Court and assistant vice president and counsel at AXA Financial, Inc. [read post]
8 Mar 2018, 5:03 am by Jon Gelman
In addition, upon rendering a decision at the administrative hearing, “[a]ny party may appeal from the judgment of a judge of compensation to the Appellate Division of the Superior Court,” which “shall be conclusive and binding” on the parties. [read post]
19 Nov 2016, 5:22 am by Joel R. Brandes
    In Matter of Odunbaku v Odunbaku, 2016 NY Slip Op 07705 (2016) the Court of Appeals held that if a party is represented by counsel, the time requirements set out in Family Court Act § 439 (e) for objections to a support magistrate's final order, when the order is served by mail, do not begin to run until the order is mailed to counsel. [read post]
6 Feb 2016, 1:27 pm by Stephen Bilkis
A New York Family Lawyer said in this accounting of the Public Administrator, the issue of kinship was referred to a court attorney/referee pursuant to SCPA 506. [read post]
28 Oct 2008, 11:15 am
Court Attorney-Referees act as special referees in a number of courts, including Family Court, and are also allocated to grade JG-31.In addition, the Administrative Director said that "Court Attorney-Referees, when authorized by a Family Court judge and upon consent of the parties, perform the same quasi-judicial functions that Support Magistrates do and in the same court both conduct trials, take evidence and issue orders,… [read post]
7 May 2011, 8:43 am
There is little question, said the court, that Schrader, the County's chief administrative officer and executive, constituted a high official to whom the absolute privilege doctrine applies. [read post]
6 May 2016, 4:00 am by The Public Employment Law Press
No. 1 of Towns of Scarsdale and  Mamaroneck, Westchester County, 34 NY2d 222.]The 2016 decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_03435.htm _____________________  A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or… [read post]
16 Jun 2015, 3:30 am by Public Employment Law Press
”The Appellate Division said that a court's review of an administrative agency's determination is limited to "ascertain[ing] whether there is a rational basis for the action in question or whether it is arbitrary and capricious," citing Gilman v New York State Div. of Housing and Community Renewal, 99 NY2d 144. [read post]
16 Jun 2015, 3:30 am by The Public Employment Law Press
”The Appellate Division said that a court's review of an administrative agency's determination is limited to "ascertain[ing] whether there is a rational basis for the action in question or whether it is arbitrary and capricious," citing Gilman v New York State Div. of Housing and Community Renewal, 99 NY2d 144. [read post]
19 Sep 2019, 4:30 am by Eric Turkewitz
More than 40 years ago I served as law secretary (now “court attorney”) to the administrative judge in Queens Supreme Court. [read post]
30 Jul 2010, 4:12 am
Court sustains Human Rights’ finding that the reasons advanced by employer for terminating employee was pretext for unlawful discriminationNew York State Office of Mental Health v New York State Division of Human Rights, 2010 NY Slip Op 06268, Decided on July 29, 2010, Appellate Division, Third DepartmentBisi Asimolowo was employed by the Office of Mental Health as a pharmacy intern in 1992 and Asimolowo understood that he was expected to take and pass the licensing… [read post]
24 Nov 2014, 4:00 am by The Public Employment Law Press
”As a procedural matter, the court first explained that it would treat this appeal as one that had been transferred here by the Supreme Court and would review the administrative determination de novo * The standard of review in an administrative determination made after a hearing is limited to the Appellate Division's considering whether the determination was supported by substantial evidence. [read post]
10 Apr 2008, 2:54 pm
  The Court of Chancery decided to exercise its discretion to stay the Delaware proceedings for reasons of comity and the orderly and efficient administration of justice:As discussed in this memorandum opinion, I have decided in the exercise of my discretion and for reasons of comity and the orderly and efficient administration of justice, not to entertain a second preliminary injunction motion on an expedited basis and thereby risk creating uncertainty in a… [read post]
28 Feb 2019, 4:00 am by Public Employment Law Press
Notice of the final administrative decision must be unambiguous and properly delivered in order to triggering the running of the statute of limitations for bringing an Article 78 actionStack v City of Glens Falls, 2019 NY Slip Op 01286, Appellate Division, Third DepartmentThe City of Glens Falls [City] served disciplinary charges upon one of its employees [Appellant]. [read post]
28 Feb 2019, 4:00 am by Public Employment Law Press
Notice of the final administrative decision must be unambiguous and properly delivered in order to triggering the running of the statute of limitations for bringing an Article 78 actionStack v City of Glens Falls, 2019 NY Slip Op 01286, Appellate Division, Third DepartmentThe City of Glens Falls [City] served disciplinary charges upon one of its employees [Appellant]. [read post]
26 Mar 2010, 5:08 pm by Brian Shiffrin
Although the lower court had not abused its discretion in revoking the sentence of probation based upon defendant's admitted violations thereof, the Fourth Department in People v Rapone (2010 NY Slip Op 02611 [4th Dept 3/26/2010])reversed that court's revocation of probation based on a probation violation and its imposition of a prison sentence, and ordered that the sentence of probation originally imposed be continued. [read post]
23 Oct 2007, 2:21 pm
Judge Southwick joins an opinion siding with the individual against the government, and upholding the administrative decision - and gets nailed from the Left. [read post]
5 May 2009, 4:10 am
Before completing the grievance and arbitration procedure in which he challenged his termination by the Town, Julicher filed a petition pursuant to CPLR Article 78 in an effort to obtain a court order annulling his dismissal.The Appellate Division said that Supreme Court's granting Julicher's petition was incorrect and unanimously reversed the lower court's ruling and dismissed Julicher's lawsuit.The Appellate Division said that "[W]here[, as… [read post]