Search for: "NY Administrative Court"
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11 Jan 2019, 4:00 am
Administrative due process trumps an employer's claim to a "management right" to summarily terminate an employee for causeMatter of the Arbitration between the Town of Greece Guardians' Club, Local 1170 and the Town of Greece, 2018 NY Slip Op 08775, Appellate Division, Fourth DepartmentSupreme Court rejected the Guardians' Club, Local 1170's [Local 1170] petition to confirm an arbitration award requiring the Town of Greece's [Town] to… [read post]
17 May 2012, 1:00 pm
Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating to pornographic images he did not download or otherwise manipulate or control. [read post]
27 Jun 2008, 12:19 pm
A New York based radiology practice (the “Plaintiff”) filed an action in the United States District Court for the Eastern District of New York against a benefits administration firm, CareCore National, LLC, that provides services for insurers including Aetna, GHI, HIP, Healthnet, Healthfirst, and Oxford. [read post]
18 Jun 2014, 4:00 am
Alternative disciplinary procedures2014 NY Slip Op 04293, Appellate Division, Fourth Department, Motion for leave to appeal granted, Motion No: 2013-804, 2013 NY Slip Op 88892. [read post]
18 Dec 2023, 12:26 pm
However, Google insists on a court order ensuring compliance with privacy laws. [read post]
8 Jun 2010, 11:43 am
NYS filed a motion to dismiss. [read post]
8 May 2017, 5:00 am
Retired judges may not simultaneously drew both a full judicial salary and a full pension upon certification for further service as a Justice of the Supreme CourtLoehr v Administrative Bd. of the Cts. of the State of New York, 2017 NY Slip Op 03558, Court of AppealsThe Chief Administrative Judge signed an administrative notice declaring that the policy of the Administrative Board of the Courts of the State of New York [Board] henceforth… [read post]
21 Mar 2011, 4:45 am
They were promptly rescinded by President George Bush, whose own rules — ghost-written, in part, by industry — were thrown out of court as inadequate and inconsistent with the law. [read post]
30 Jan 2009, 4:22 am
"Supreme Court dismissed Ambrosino's petition "for failure to exhaust his administrative remedies. [read post]
25 Oct 2017, 4:00 am
The court's review shall be limited to the grounds set forth in such section .... [read post]
21 Dec 2017, 2:40 am
Although some New York DWI and DUI lawyers might argue the “fix is in” when it comes to defending a client in a DWI Chemical Test Refusal Hearing at the NY DMV with an Administrative Law Judge, simply that is not the case. [read post]
9 Mar 2016, 11:30 am
Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the processCollazo v Suffolk County, 2016 NY Slip Op 01321, Appellate Division, Second DepartmentMaria Callazo initiated an Article 75 CPLR proceeding in Supreme Court seeking to vacate an arbitration award that recommended certain disciplinary action be taken against her with respect to her employment with the County. [read post]
28 Sep 2014, 10:48 am
The court found plaintiff had not exhausted administrative remedies.In Bartlett v. [read post]
25 Feb 2010, 3:15 am
Changing the job description of a position to include new or additional duties must satisfy a “rational basis” test to survive judicial scrutinyMatter of Criscolo v Vagianelis, 12 NY3d 92The NYS Department of Correctional Services provides for three levels of administrative hearings to consider “inmate misbehavior reports. [read post]
20 Feb 2014, 9:36 am
The court reversed the order of an administrative law judge (ALJ) finding in favor of two men claiming hostile work environment based on sex. [read post]
2 Jul 2019, 2:27 pm
Now, Bloomberg Law reports that the Trump administration is abandoning the plan to add a citizenship... [read post]
31 Jan 2017, 9:45 pm
The appellate court said that administrative agencies must adhere to their own prior precedent or indicates its reason for reaching a different result on essentially the same facts, and not to do so is arbitrary and capricious. [read post]
12 Mar 2012, 8:13 am
Byrnes, The Supreme Court [read post]
2 Nov 2022, 7:00 pm
Department of Labor’s Occupational Safety and Health Administration to regulate Amazon’s safety practices and that NY law otherwise precluded the asserted claims.On appeal, in a decision dated October 18, 2022, the Second Circuit concurred with the bulk of the lower court’s analysis but, in the absence of a statutory bar, reinstated that part of the case which sought injunctive relief. [read post]
30 Nov 2014, 5:00 am
LEXIS 163060 (SD NY, Nov. 10, 2014), a New York federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that as a keeplock inmate he was not allowed to attend Christmas religious services.In Houston v. [read post]
