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11 Jun 2012, 3:00 am
Civil Service Commission permitted to rely on appointing authority’s medical expert’s opinion where medical experts differ concerning applicant’s medical condition Matter of Altieri v City of New York Civ. [read post]
15 Feb 2019, 3:01 am by Walter Olson
” Courts should handle accordingly [Ilya Shapiro on Cato amicus brief in Cisse v. [read post]
4 Aug 2010, 4:35 am
A request seeking permission to delay filing an appeal with the Commissioner of Education must be timely filedM.H. v Santiago Taveras, Interim-Acting Deputy Chancellor for Teaching and Learning of the New York City Department of Education, Decisions of the Commissioner of Education, Decision No. 16,097M.H., a tenured New York City teacher, appealed the denial of her objections to unsatisfactory performance ratings by the Interim-Acting Deputy Chancellor to the Commissioner… [read post]
10 Mar 2010, 2:58 am
Identity theft can take many formsOffice of the City Clerk v Diaz, OATH Index No.1088/09*Characterized as a non-traditional appeal under Section 3-03 of the City Clerk's Rules, Title 51 of the Rules of the City of New York, Stephanie Diaz challenged the Office of the City Clerk of New York’s preliminary denial of her application for a marriage license.Before applying for a marriage license, Diaz requested a hearing to determine that she was not a party to a… [read post]
18 Jun 2008, 12:09 am
Credibility of witness Saunders v City of New York, App. [read post]
19 Feb 2010, 8:17 am by Kevin Sheerin
Matter of Flores-Tully v City of New York Department of Housing Preservation and Development Petitioner brought about this Article 78 appeal to review a determination of the City of New York Department of Housing Preservation and Development denying petitioner’s application for succession rights to an apartment owned by Dayton Tower’s Corporation. [read post]
1 Apr 2011, 3:49 am
Considering the value of toxicology reports in random drug tests Seeley v New York City, 269 AD2d 205 Are uncertified toxicology reports indicating positive drug test results sufficient to support a decision to terminate an employee? [read post]
2 Oct 2009, 12:18 pm by Kevin Sheerin
Matter of AJK CafE, Inc. v New York State Liquor Authority In this Article 78 proceeding, Petitioner appealed a determination of the New York State Liquor Authority finding him in violation of 9 NYCRR 48.3 due to employment of an unlicensed security guard. [read post]
19 Feb 2010, 1:19 am
The “notice of claim” required Education Law § 3813[1] must be more than an e-mail or an unverified [not sworn to] statementGastman v Department of Educ. of City of New York, 60 AD3d 444According to the decision, Gastman had failed to file a timely notice of claim with the New York City Department of Education as required by Education Law §3813[1]. [read post]
31 Aug 2012, 3:00 am
Using hearsay evidence in a disciplinary hearing Saunders v City of New York, App. [read post]