Search for: "Division of Administrative Law Appeals"
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6 Nov 2020, 1:26 pm
Administrative law — Dirt bike course — Substantial evidence This appeal arises from a petition filed in the Circuit Court for Cecil County by Gabrielle Buck, appellant, requesting judicial review of a decision of the Cecil County Board of Appeals (the “Board”). [read post]
18 Aug 2008, 8:37 am
Serious Fraud Office v Lexi Holdings plc (in Administration) and Another Court of Appeal (Criminal Division) “A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor. [read post]
10 Jun 2010, 5:00 am
The Division of Administrative Hearings (DOAH) is a Florida state agency made up of Administrative Law Judges who hear cases in which substantial interests are determined by an agency and there is a disputed issue of material fact. [read post]
23 Jun 2009, 4:15 am
"One who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law. [read post]
16 Mar 2010, 4:09 am
Lowney was appointed by the New York State Department of Labor to serve as an Administrative Law Judge for the Unemployment Insurance Appeal Board. [read post]
4 Jan 2019, 4:00 am
"With respect to the penalty imposed, termination from the Fire Department, the Appellate Division noted that a court may set aside an administrative penalty only if 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. [read post]
4 Jan 2019, 4:00 am
"With respect to the penalty imposed, termination from the Fire Department, the Appellate Division noted that a court may set aside an administrative penalty only if 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. [read post]
6 Sep 2011, 4:15 am
When Sega asked for permission to appeal its rule, the Appellate Division elected to reconsider its decision. [read post]
24 May 2023, 3:22 pm
An administrative law judge with the New York State Division of Tax Appeals held that the federal Internet Tax Freedom Act (ITFA) preempted the imposition of New York franchise tax and a metropolitan transportation business tax (MTA) surcharge on gross receipts from sales of asymmetric digital subscriber line (ADSL) and fiber broadband aggregation and access services (Fiber Broadband). [read post]
15 Jan 2021, 4:00 am
Plaintiff filed an administrative appeal challenging her unsatisfactory performance rating. [read post]
3 Feb 2021, 9:00 am
The Appellate Division, citing Matter of Kelly v Safir, 96 NY2d 32, reversed the Supreme Court's decision on the law, explaining that an administrative penalty or sanction must be upheld unless it is "so disproportionate to the offense as to be shocking to one's sense of fairness. [read post]
11 Jan 2021, 7:33 am
A finding of Not Established may be appealed, but only to the Appellate Division within 45 days of receipt of the finding. [read post]
7 Jul 2011, 1:36 am
Considering hearsay evidence offered in the course of an administrative hearingDerbyshire v Safir, 288 AD2d 18, [Motion for leave to appeal denied, 97 NY2d 611] In this appeal, the Appellate Division held that Joseph Derbyshire received a fair hearing and that substantial evidence supported the administrative determination to dismiss him from his position. [read post]
7 Jul 2011, 1:36 am
Considering hearsay evidence offered in the course of an administrative hearingDerbyshire v Safir, 288 AD2d 18, [Motion for leave to appeal denied, 97 NY2d 611] In this appeal, the Appellate Division held that Joseph Derbyshire received a fair hearing and that substantial evidence supported the administrative determination to dismiss him from his position. [read post]
22 May 2023, 5:00 am
LOST APPEAL FOR MISSING APPLICABLE WINDOW-PERIODBy decision dated May 20, 2021, an Administrative Law Judge found that S.C. didn’t quality for unemployment benefits. [read post]
28 Jan 2010, 6:43 pm
., in which the Court of Appeal (Fourth Appellate District, Division Three) affirmed a trial court judgment that invalidated a contractual agreement purporting to shorten statutes of limitation for wage & hour claims and decided an equitable defense of "administrative exemption" before the jury phase of the trial. [read post]
19 Oct 2010, 4:15 am
Neglecting to advise a party of the availability of an administrative appeal defeats a failure to exhaust administrative remedies defenseJulie Purcell initiated an Article 78 proceeding in an effort to compel the Jefferson County District Attorney to comply with her request pursuant to the Freedom of Information Law ([FOIL] Public Officers Law art 6) for documents relating to a criminal matter in which she was the complainant.Supreme Court denied the… [read post]
12 Mar 2010, 3:37 am
Marital privilege not available in administrative disciplinary actions taken against law enforcement personnelRiverside County Sheriff's Department v Astrid Megan Reynolds, Court of Appeal [California], 4th District, Division 2, Docket #E043187Astrid Megan Reynolds served as a deputy sheriff with the Riverside County [California] Sheriff’s Department. [read post]
28 May 2015, 6:00 am
An administrative agency’s acknowledgment of its authority to reconsider its determination, without more, neither rendered its determination nonfinal nor extended the relevant statute of limitations2015 NY Slip Op 04369, Appellate Division, Third DepartmentThe general rule followed in situations where an aggrieved party asks an administrative agency or tribunal to reconsider its determination is that the statute of limitations to appeal the… [read post]
20 Mar 2023, 6:00 am
The Appellate Division held that although the Board concluded that Workers' Compensation Law §25(2)(b) is inapplicable given that the claim was never indexed, the Board did not address the related issue raised upon administrative appeal that the employer's initial FROI-00 form was a binding acceptance of the claim.* Further, said the court, the Board provided "no reasoning or basis for its determination that the notice of controversy was timely… [read post]
