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Procedural omissions results in the Appellate Division's remitting the matter to the Supreme Court "for the service and filing of an answer and the administrative record" and the annulling of that court's ruling with respect to the penalty imposed on the Petitioner
18 Jul 2024, 6:00 am by Public Employment Law Press
"On a motion pursuant to CPLR 3211(a)(7) and 7804(f) to dismiss a petition, all of its allegations are deemed true, and the petitioner is accorded the benefit of every possible inference" (Matter of Silverman v Town of Ramapo, 222 AD3d 652, 653). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Procedural omissions results in the Appellate Division's remitting the matter to the Supreme Court "for the service and filing of an answer and the administrative record" and the annulling of that court's ruling with respect to the penalty imposed on the Petitioner
18 Jul 2024, 6:00 am by Public Employment Law Press
"On a motion pursuant to CPLR 3211(a)(7) and 7804(f) to dismiss a petition, all of its allegations are deemed true, and the petitioner is accorded the benefit of every possible inference" (Matter of Silverman v Town of Ramapo, 222 AD3d 652, 653). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the petitioner has substantially prevailed in a Freedom of Information action and the custodian of the records had no reasonable basis for denying access to the responsive documents created prior to June 12, 2020, the petitioner is entitled to reasonable attorney's fees and litigation costs
15 Jul 2024, 6:00 am by Public Employment Law Press
Liberties Union v Nassau County2024 NY Slip Op 03427Decided on June 20, 2024Appellate Division, Second DepartmentPublished by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided on June 20, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentVALERIE BRATHWAITE NELSON, J.P.LINDA… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the petitioner has substantially prevailed in a Freedom of Information action and the custodian of the records had no reasonable basis for denying access to the responsive documents created prior to June 12, 2020, the petitioner is entitled to reasonable attorney's fees and litigation costs
15 Jul 2024, 6:00 am by Public Employment Law Press
Liberties Union v Nassau County2024 NY Slip Op 03427Decided on June 20, 2024Appellate Division, Second DepartmentPublished by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided on June 20, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentVALERIE BRATHWAITE NELSON, J.P.LINDA… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The party claiming insurance coverage bears the burden of proving entitlement
12 Jul 2024, 6:00 am by Public Employment Law Press
  Town of Brookhaven v New York Mun. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The party claiming insurance coverage bears the burden of proving entitlement
12 Jul 2024, 6:00 am by Public Employment Law Press
  Town of Brookhaven v New York Mun. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Josh Blackman] Clarifying the Uncertainty over Direct and Indirect Taxes in Moore v. United States
11 Jul 2024, 10:39 pm by Josh Blackman
Such statutes commonly apportioned tax revenue among counties, towns, or other subdivisions. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Fearrington v. City of Greenville:  North Carolina Supreme Court Reverses Court of Appeals and Upholds City’s Red Light Camera Enforcement Program as Constitutional
11 Jul 2024, 7:33 am by Shea Denning
Fearrington v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Professors, Don’t Remove Chevron from Your Casebooks, by Nick Fromherz
11 Jul 2024, 6:40 am by Guest Author
Inc. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Did Grants Pass Make Homelessness A Crime?
10 Jul 2024, 3:59 am by SHG
” Brief for United States as Amicus Curiae 25. [read post]
Simple Justice - http://blog.simplejustice.us
Does the Biden Stay-or-Go Debate Matter If We Are Already a Dead Democracy Walking?
9 Jul 2024, 9:01 pm by Neil H. Buchanan
In Trump v. [read post]
Verdict - http://verdict.justia.com/
[Josh Blackman] I Get By With A Little Help From My Friends
9 Jul 2024, 10:00 am by Josh Blackman
I've written two other posts about Grants Pass v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Why Amending the Constitution Is the Right Response to the Supreme Court’s Presidential Immunity Decision
8 Jul 2024, 9:01 pm by Austin Sarat
United States. [read post]
Verdict - http://verdict.justia.com/
Week in Review
4 Jul 2024, 9:05 pm by Stephen Masterson
Supreme Court has dismissed Moyle v. [read post]
RegBlog - https://www.theregreview.org/
SEC Commissioner Peirce Offers a Hitchhiker’s Guide to ESG
4 Jul 2024, 9:05 pm by renholding
Let me begin by stating that my views are my own as a Commissioner and not necessarily those of the U.S. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Global Freedom of Expression, Columbia University: Newsletter, 4 July 2024
4 Jul 2024, 4:40 am by INFORRM
IrelandTallon v. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
The Emperor’s New Judgments: Rule 36 and the Invisible Cloth of Patent Law
3 Jul 2024, 10:30 am by Dennis Crouch
In UNM Rainforest Innovations v. [read post]
Patently-O - https://patentlyo.com
Administrative due process is satisfied if the court finds that the determination is supported by a rational basis, even if the court concludes that it would have reached a different result than the one reached by the agency
3 Jul 2024, 6:00 am by Public Employment Law Press
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Administrative due process is satisfied if the court finds that the determination is supported by a rational basis, even if the court concludes that it would have reached a different result than the one reached by the agency
3 Jul 2024, 6:00 am by Public Employment Law Press
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
What Do the NetChoice Cases Mean for Online Speech?
2 Jul 2024, 12:29 pm by Ben Sperry
After discussing what Murthy v. [read post]
Truth on the Market - http://truthonthemarket.com/