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16 Sep 2013, 4:00 am
The Education Law does not bar a probationer from serving an agreed upon extension of his or her probationary period. 2013 NY Slip Op 05818, Appellate Division, Second Department The essential facts leading to this appeal are as follows: 1. [read post]
27 Jun 2011, 4:28 am
Rivera in the Bahr case again points out that: 1. [read post]
12 Jul 2021, 4:00 am
" The court then opined that assuming, arguendo, that the general rule requiring exhaustion of administrative remedies does not apply where the issue raised involves a pure question of law, this case does not present a pure question of law, noting that the relevant Department of Education regulation states that, "[i]n the event of the failure of a school district to fulfill the financial obligation required by section § 2856 [1] [b] of the Education Law… [read post]
12 Jul 2021, 4:00 am
" The court then opined that assuming, arguendo, that the general rule requiring exhaustion of administrative remedies does not apply where the issue raised involves a pure question of law, this case does not present a pure question of law, noting that the relevant Department of Education regulation states that, "[i]n the event of the failure of a school district to fulfill the financial obligation required by section § 2856 [1] [b] of the Education Law… [read post]
4 Nov 2016, 4:00 am
”*The Appellate Division also observed two additional elements that barred Staten Islands Article 78 action: [1] a court review and a disciplinary remedy against a duly elected prosecutor who acted within the discretion of his office “fails under the doctrine of separation of powers” and [2] Staten Island’s contention that “a publicly-elected district attorney is possessed of a conflict of interest per se whenever seeking an indictment against a local… [read post]
8 Oct 2020, 10:00 am
Officer challenged the Board's decision and Supreme Court granting his CPLR Article 78 petition seeking to vacate the Board's determination and awarded Officer ADR benefits retroactive to December 1, 2010. [read post]
8 Oct 2020, 10:00 am
Officer challenged the Board's decision and Supreme Court granting his CPLR Article 78 petition seeking to vacate the Board's determination and awarded Officer ADR benefits retroactive to December 1, 2010. [read post]
5 Oct 2020, 4:00 am
The Appellate Division unanimously affirmed the Supreme Court's dismissal of Plaintiff's petition.Citing Matter of Pepin v New York City Dept. of Educ., 148 AD3d 443, the Appellate Division held that DOE:1. [read post]
5 Oct 2020, 4:00 am
The Appellate Division unanimously affirmed the Supreme Court's dismissal of Plaintiff's petition.Citing Matter of Pepin v New York City Dept. of Educ., 148 AD3d 443, the Appellate Division held that DOE:1. [read post]
10 Feb 2021, 9:00 am
Plaintiff initiate a hybrid CPLR Article 78/plenary action challenging DOE's decision. [read post]
13 Aug 2021, 4:00 am
According, as the Appellate Division noted, any legal action should be brought pursuant to CPLR Article 78 and is subject to the four-month statute of limitations to file such a petition set out in §217[1] of the Civil Practice Law and Rules [CPLR].Employer had excluded Plaintiff's "summer pay" from its calculation of Plaintiff's pension benefits. [read post]
28 Mar 2023, 10:40 am
In time for Easter, 1/2 issues an upub decision here about appellate resurrection regarding an important appellate procedure issue pending at the Supreme Court, which begins:Plaintiffs and appellants [] appeal from a trial court order determining a settlement was in good faith. [read post]
13 Aug 2021, 4:00 am
According, as the Appellate Division noted, any legal action should be brought pursuant to CPLR Article 78 and is subject to the four-month statute of limitations to file such a petition set out in §217[1] of the Civil Practice Law and Rules [CPLR].Employer had excluded Plaintiff's "summer pay" from its calculation of Plaintiff's pension benefits. [read post]
24 Jun 2022, 9:09 pm
Dept., 30 NY3d 67, 78 [2017]; Matter of Gannett Satellite Info. [read post]
24 Jun 2022, 9:09 pm
Dept., 30 NY3d 67, 78 [2017]; Matter of Gannett Satellite Info. [read post]
28 Oct 2019, 7:00 am
As a general rule, an individual appointed to a position on a permanent basis attains such status on the effective date of such "permanent appointment" but does not attain tenure in the position until [1] he or she satisfactorily completes his or her maximum period of probation or [2] by estoppel, acquisition, default, or otherwise by operation of law or [3] as the result of the appointing authority's lawfully truncating the individual's maximum period of… [read post]
10 May 2023, 6:00 am
The Appellate Division explained that; 1. [read post]
10 May 2023, 6:00 am
The Appellate Division explained that; 1. [read post]
28 Oct 2019, 7:00 am
As a general rule, an individual appointed to a position on a permanent basis attains such status on the effective date of such "permanent appointment" but does not attain tenure in the position until [1] he or she satisfactorily completes his or her maximum period of probation or [2] by estoppel, acquisition, default, or otherwise by operation of law or [3] as the result of the appointing authority's lawfully truncating the individual's maximum period of… [read post]
4 Oct 2013, 12:40 pm
WHAT DOES THIS MEAN? [read post]
