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22 Jul 2010, 3:16 pm
It noted that initially the Supreme Court had rejected all of Ost’s arguments but one -- that the town had failed to set forth the rationale underlying its departure from the hearing officer’s findings and recommended penalty.Subsequently the town explained its reasons for its decision -- it found that Ost had lied about his activities in August 1995, and “his testimony regarding the earlier incident was incredible as well. [read post]
2 Nov 2020, 7:38 am by Eric Goldman
The post Another Court Rejects Trump’s Censorial Anti-TikTok EO–Marland v. [read post]
19 May 2010, 4:37 am
Police officer to receive full §207-c while simultaneously receiving SSDI benefitsMatter of McCaffrey v Town of E. [read post]
7 Oct 2021, 7:00 am by Public Employment Law Press
  Citing Matter of Baloy v Kelly, 92 AD3d 521, the Appellate Division opined that the possibility of Officer obtaining administrative relief was exhausted when Officer retired without a change in his modified status. [read post]
7 Oct 2021, 7:00 am by Public Employment Law Press
  Citing Matter of Baloy v Kelly, 92 AD3d 521, the Appellate Division opined that the possibility of Officer obtaining administrative relief was exhausted when Officer retired without a change in his modified status. [read post]
7 Oct 2021, 7:00 am by Public Employment Law Press
  Citing Matter of Baloy v Kelly, 92 AD3d 521, the Appellate Division opined that the possibility of Officer obtaining administrative relief was exhausted when Officer retired without a change in his modified status. [read post]
7 Oct 2021, 7:00 am by Public Employment Law Press
  Citing Matter of Baloy v Kelly, 92 AD3d 521, the Appellate Division opined that the possibility of Officer obtaining administrative relief was exhausted when Officer retired without a change in his modified status. [read post]
7 Nov 2018, 4:00 am by Public Employment Law Press
It is the duty of the administrative tribunal, not the reviewing court, to weigh the evidence or assess the credibility of witnesses and determine which testimony to accept and which to reject. 3. [read post]
7 Nov 2018, 4:00 am by Public Employment Law Press
It is the duty of the administrative tribunal, not the reviewing court, to weigh the evidence or assess the credibility of witnesses and determine which testimony to accept and which to reject. 3. [read post]
15 May 2017, 8:00 am by The Public Employment Law Press
"Although the court observed that  "[A] determination made by an administrative agency must first be challenged through every available administrative remedy before it can be raised in a court of law," it said that this rule does not apply where [1] "an administrative challenge would be futile" or [2] where "the issue to be determined is purely a question of law. [read post]
22 Apr 2008, 8:00 am
On appeal, Combs contended that (1) the court's failure to apply the "administrative/production worker dichotomy" pertaining to the administrative exemption from overtime compensation, which was announced in Bell v. [read post]
5 Dec 2008, 12:15 pm
"In this instance the court found that the Town Board's determination that Kaufman was guilty of the specified acts of misconduct was supported by substantial evidence.In addition, said the court, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness,' thus constituting an abuse of discretion as a matter of law," citing Kreisler v New York City Transit… [read post]
26 Aug 2015, 7:20 am by John Jascob
This merits claim was grounded in principles announced by the Supreme Court in its Free Enterprise opinion and the outcome in that court’s Freytag opinion, which found that special tax court judges were inferior officers. [read post]
14 Mar 2018, 8:33 am by Donald Barbati
The appellant denied the charge and the matter was referred to the Office of Administrative Law and an Administrative Law Judge (“ALJ”) for an evidentiary hearing. [read post]
14 Mar 2018, 8:33 am by Donald Barbati
The appellant denied the charge and the matter was referred to the Office of Administrative Law and an Administrative Law Judge (“ALJ”) for an evidentiary hearing. [read post]