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4 Jan 2019, 4:00 am
An administrative determination made after a hearing will be sustained by the court if the decision is supported by substantial evidenceDeStefano v Incorporated Vil. of Mineola, 2018 NY Slip Op 08481, Appellate Division, Second DepartmentMichael A. [read post]
23 Feb 2016, 2:00 am
Conceding that Tamsen presented “evidence to the contrary,” the court explained that a hearing officer is entitled to weigh the parties' conflicting evidence and to assess the credibility of witnesses and courts may not weigh the evidence or reject a hearing officer’s decision in that regard “where the evidence is conflicting and room for a choice exists. [read post]
13 May 2021, 8:49 am
The post Make No Assumptions About Estate Administration appeared first on Law Office of Michael Robinson, P.C.. [read post]
21 Nov 2013, 3:33 am
Police officer terminated after being found guilty of possessing and ingesting cocaine2013 NY Slip Op 07262, Appellate Division, First DepartmentThe Appellate Division confirmed the disciplinary penalty imposed on a New York City Detective – termination from the force - found guilty of possessing and ingesting cocaine.The court said that there was substantial evidence supporting finding the detective guilty of the charges, including a positive random drug test… [read post]
23 Oct 2017, 10:00 am
Administrative due process must be provided the accused employee in a disciplinary arbitration proceeding2017 NY Slip Op 03853, Appellate Division, First DepartmentPetitioner, a tenured educator, initiated a CPLR Article 75 action seeking a court order vacating an arbitration award in which Petitioner was found guilty of multiple disciplinary charges and was terminated.The Appellate Division sustained the arbitration award, noting that the following administrative… [read post]
9 Feb 2022, 5:00 am
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
9 Feb 2022, 5:00 am
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
31 Dec 2010, 2:54 am
Police officer’s September 11 line of duty injury claim rejectedMatter of Teran v Kelly, 2007 NY Slip Op 30009(U), March 1, 2007, Supreme Court, New York County, Docket Number: 0109358, Judge: Marcy S. [read post]
21 Mar 2013, 5:30 am
Further, the court ruled that the hearing officer had not violated NYCHA's relevant internal administrative procedures in so doing. [read post]
20 May 2016, 4:00 am
An administrative decision annulled and remanded for a new hearing based on a judicial finding that it is “affected by errors of law”DeMaio v DiNapoli, 2016 NY Slip Op 02505, Appellate Division, Third DepartmentVHB, a correction officer, applied for performance of duty disability retirement benefits alleging that he was injured while escorting an inmate away from an altercation between the inmate and another correction officer. [read post]
17 Nov 2008, 12:02 pm
Police officer disciplined for deliberately ignoring criminal activityMatter of Elias v Kelly, 2008 NY Slip Op 08522, Decided on November 13, 2008, Appellate Division, First DepartmentNew York City Police Officer Lou-Ann Elias was found guilty of engaging in prohibited conduct by deliberately exhibiting "ignorance of the criminal activity. [read post]
9 Feb 2024, 6:00 am
Respondent filed a CPLR Article 78 petition seeking a court order compelling the New York State Office of Court Administration [OCA] to disclose records requested by Petitioner pursuant to the Freedom of Information Law [FOIL], Public Officers Law §§84-90. [read post]
9 Feb 2024, 6:00 am
Respondent filed a CPLR Article 78 petition seeking a court order compelling the New York State Office of Court Administration [OCA] to disclose records requested by Petitioner pursuant to the Freedom of Information Law [FOIL], Public Officers Law §§84-90. [read post]
25 Apr 2017, 4:00 am
Noting that Petitioner showed no remorse nor appreciation for the seriousness of her conduct, the Appellate Division said that as Petitioner declined to testify at her administrative disciplinary hearing, "the hearing officer was permitted to draw the strongest inference against her permitted by the record. [read post]
3 Apr 2009, 3:46 am
As I often note, NY criminal defense attorneys must always be aware of decisions by courts where they routinely practice. [read post]
31 Jul 2012, 4:10 am
In this instance the court found that the individual appointed to the position of Commissioner of Public Works was selected based on his "administrative experience and qualifications for the duties of the office” and that he was not required to possess a specific license or engineering degree to perform the duties of the position to which he had been appointed. [read post]
29 Jul 2015, 11:54 am
In all, Marks has worked for the courts for 24 years, with stints as administrative director of the Office of Court Administration (2004-11), special counsel to the chief administrative judge (1998-2003) and OCA’s deputy counsel for criminal justice (1991-97). *** Read more: http://www.newyorklawjournal.com/id=1202733373195/Marks-to-Replace-Prudenti-as-Chief-Administrative-Judge#ixzz3hJ9Z3dYr Related articles NY chief… [read post]
18 May 2021, 10:28 am
The New York City Office of Administrative Trials and Hearings (OATH) determined that the petitioner violated Zoning Resolution § 32–63 by displaying two advertising signs in a district wheresuch signs are prohibited. [read post]
18 Aug 2011, 9:00 pm
The disciplinary hearing officer... [read post]
3 Mar 2016, 4:00 am
Determining if an administrative agency's decision is arbitrary and capriciousMuhammad v Zucker, 2016 NY Slip Op 01446, Appellate Division, First DepartmentDr. [read post]
