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8 Dec 2021, 7:30 am
" Citing Matter of Freeman v Ward , 162 AD2d 127, leave to appeal denied 76 NY2d 706, the court explained that the Hearing Officer was free to credit the witnesses' testimony corroborating the child's statements, since weighing the evidence and choosing between conflicting accounts was solely within the province of the administrative agency. [read post]
8 Dec 2021, 7:30 am
" Citing Matter of Freeman v Ward , 162 AD2d 127, leave to appeal denied 76 NY2d 706, the court explained that the Hearing Officer was free to credit the witnesses' testimony corroborating the child's statements, since weighing the evidence and choosing between conflicting accounts was solely within the province of the administrative agency. [read post]
10 Jun 2019, 4:00 am
The O'Grady decision by the Appellate Division, the full text of which is set out below, illustrates one such type of administrative disciplinary procedure and the individual's appeal from a determination made after hearing by the appointing authority conducted pursuant to Social Services Law §494 and 14 NYCRR 700.6[a]:Matter of O'Grady v Kiyonaga 2019 NY Slip Op 04170 Decided on May 29, 2019 Appellate Division, Second… [read post]
8 Nov 2011, 12:44 pm
” • Leave a comment on AT&T/T-Mobile Deal, Antitrust Division Regional Office Closures Addressed at Justice Department Oversight Hearing [read post]
2 Apr 2013, 4:00 am
In contrast, in Christopher v Phillips, 160 A.D.2d 1165, motion to appeal denied, 76 N.Y.2d 706, the Appellate Division, Third Department, decided a case in which the due process implications of a “non-mandatory” disciplinary hearing were considered. [read post]
20 Apr 2012, 2:38 am
” Considering a procedural issue, the Appellate Division held that although the Department contended that the prisoner had failed to exhaust his administrative remedies, it would not consider that defense because the Department had failed to raise that claim it its answer. [read post]
6 Feb 2017, 7:25 am
The agency’s denial of an administrative hearing is reversed. [read post]
10 Jul 2015, 10:00 am
., Board Certified by the Florida Bar in Health Law Following is a summary of a recent administrative hearing case on an issue relevant to health law, decided by the Florida Division of Administrative Hearings (DOAH). [read post]
10 Jul 2015, 10:00 am
., Board Certified by the Florida Bar in Health Law Following is a summary of a recent administrative hearing case on an issue relevant to health law, decided by the Florida Division of Administrative Hearings (DOAH). [read post]
10 Jul 2015, 10:00 am
., Board Certified by the Florida Bar in Health Law Following is a summary of a recent administrative hearing case on an issue relevant to health law, decided by the Florida Division of Administrative Hearings (DOAH). [read post]
3 Dec 2015, 12:36 pm
City of Chicago Department of Administrative Hearings, a decision from the First District of Division One. [read post]
7 Apr 2010, 9:00 pm
Matter of Morales v Commissioner of Labor, 2010 NY Slip Op 01559, Decided on February 25, 2010, Appellate Division, Third Department Felicita Morales, a community associate for the New York City Housing Authority, was charged with misconduct stemming from a... [read post]
13 Jan 2012, 3:43 am
Scheduling a disciplinary hearing after charges have been served on the employee a “discretionary act”Clark v Schriro, 2012 NY Slip Op 00118, Appellate Division, First Department Jesse Clark filed a CPLR Article 78 petition “in the nature of mandamus” seeking to compel the New York City Office of Administrative Trials and Hearings [OATH] to hold a disciplinary hearing on charges that had been filed against him by the NYC… [read post]
24 Apr 2023, 6:00 am
Citing Matter of Brown v Velez, 153 AD3d 517, the Appellate Division observed that at an administrative expungement hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established "by a preponderance of the evidence"*. [read post]
24 Apr 2023, 6:00 am
Citing Matter of Brown v Velez, 153 AD3d 517, the Appellate Division observed that at an administrative expungement hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established "by a preponderance of the evidence"*. [read post]
8 Aug 2011, 9:00 pm
., 2011 NY Slip Op 03066, Appellate Division, Second Department In considering this appeal from an adverse administrative decision that resulted in the revocation of Wilbur Hildreth’s driver's... [read post]
26 Jun 2017, 11:00 am
Should an entity grants a request to postpone an administrative hearing, it is required take appropriate action to reschedule the hearingDoe v Onondaga County, 2017 NY Slip Op 04697, Appellate Division, Fourth DepartmentJane Doe initiated an Article 78 action against Onondaga County and the Onondaga County Department of Social Services [Onondaga County].Onondaga County asked Supreme Court to dismiss Doe's complaint contending Doe failed to comply with the… [read post]
6 Feb 2017, 7:25 am
The agency’s denial of an administrative hearing is reversed. [read post]
19 Mar 2018, 6:38 am
In a wave of rulemaking activity over the past week, the Office of Court Administration opened public comment on three significant changes to the Commercial Division Rules proposed by the Commercial Division Advisory Council. [read post]
21 Jul 2023, 6:00 am
The Appellate Division, citing Matter of Mannino v Department of Motor Vehs. of State of N.Y. [read post]
