Search for: "3 NY3d 1"
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29 Jun 2011, 4:25 am
The court pointed out that “A party who actively participates in arbitration without seeking a stay pursuant to CPLR §7503(b) waives the right to a judicial determination of the arbitrability of the dispute,” citing Matter of United Federation of Teachers, Local 2, AFT, AFL-CIO v Board of Education of City School District of City of New York, 1 NY3d 72.In this instance, said the court, although the County initially took the position that the grievance was not… [read post]
27 Jun 2012, 6:00 am
Here, said the court, in a case concerning an employee's bumping rights under the Civil Service Law, Matter of Hughes v Doherty, 5 NY3d 100, the Court of Appeals ruled that "judicial review of [the Commission's] classification system and determinations are limited to whether there was a rational basis for the agency's conclusion.... [read post]
7 Jul 2018, 9:04 am
, 17 NY3d at 289, quoting 47 USC § 230[c][1] ). [read post]
3 Apr 2012, 3:23 am
Kalin, 12 NY3d 225 (2009), courts required that a laboratory analysis or field test be filed with a criminal court complaint in order to remove any legal impediments preventing the prosecution from proceeding with criminal charges. [read post]
8 Oct 2015, 2:42 am
Kalin, 12 NY3d 225, 230 [2009]). [read post]
11 Aug 2023, 6:45 am
Even assuming option (3) to be a non-starter, there is no clear reason why Walsam would have chosen option (2) over (1), especially considering that Walsam has only by implication argued that it was damaged in this manner. [read post]
22 Feb 2010, 9:11 pm
Indeed, in People v Bloomfield (6 NY3d 165, 170-172 [2006]), we rejected the "insider/outsider distinction" for the purpose of defining a false business record under the current business record statutes. [read post]
4 Jun 2010, 9:56 am
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222. [read post]
15 Jun 2019, 12:21 am
School [*3][Perfetto & Whalen Constr. [read post]
20 Sep 2024, 6:00 am
The Appellate Division unanimously affirmed the Supreme Court's ruling.Foundation is a 501(c)(3) corporation that opposes public employee unions and the Appellate Division's decision notes that "As part of its mission, it contacts represented public employees to inform them of their rights to opt out of union membership".An employee of Foundation had submitted a FOIL request [the "May request"] to DCAS. [read post]
20 Sep 2024, 6:00 am
The Appellate Division unanimously affirmed the Supreme Court's ruling.Foundation is a 501(c)(3) corporation that opposes public employee unions and the Appellate Division's decision notes that "As part of its mission, it contacts represented public employees to inform them of their rights to opt out of union membership".An employee of Foundation had submitted a FOIL request [the "May request"] to DCAS. [read post]
27 Nov 2021, 6:26 am
The Supreme Court(1) directed the defendant to pay the plaintiff maintenance of $1,438.82 per month for 36 months, (2) awarded the plaintiff sole legal and residential custody of the parties’ two children, with certain parental access to the defendant, and (3) directed the defendant to pay the plaintiff child support of $1,774.67 per month. [read post]
27 Apr 2022, 1:12 pm
Decided on April 27, 2022 No. 60 [*1]In the Matter of Tim Harkenrider, et al., Respondents-Appellants, vKathy Hochul, & c., et al., Appellants-Respondents, et al., Respondents. [read post]
27 Apr 2022, 1:12 pm
Decided on April 27, 2022 No. 60 [*1]In the Matter of Tim Harkenrider, et al., Respondents-Appellants, vKathy Hochul, & c., et al., Appellants-Respondents, et al., Respondents. [read post]
13 Oct 2009, 11:33 am
Or, you can just come back here on Wednesday when we go live at about 1:45 p.m. [read post]
23 May 2019, 4:39 am
No. 1). [read post]
21 Sep 2020, 4:07 am
Maldonado v DiBre, 140 AD3d 1501 [3d Dept 2016], lv denied 28 NY3d 908 [2016] [“even if, as plaintiffs claim, the loss of the units was not voluntary, they still would not have standing to pursue derivative claims”]). [read post]
15 Jun 2009, 4:10 am
Feroleto [Not selected for publication in the Official Reports.]In this case the court considered the application of the so-called "Felix" procedure [Felix v New York City Dep't of Citywide Administrative Services, 3 NY3d 498] in a situation where the incumbent loses or fails to renew a license required to perform the duties of the position or otherwise fails to satisfy a job qualification.Felix involved the termination of an employee without a "pre-removal… [read post]
13 Dec 2010, 1:05 am
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, the court ruled that under the circumstances terminating Halpin did not constitute an “excessive penalty. [read post]
1 Aug 2012, 4:00 am
The school district and one of its educators entered into a "settlement agreement" whereby: 1. [read post]
