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21 Jun 2016, 4:00 am
As no application to the Appellate Division to remove Clerk from her office had been made as mandated by Public Officers Law §36, the Appellate Division granted Clerk’s petition to the extent that Village’s action was annulled and the matter remitted to the Supreme Court to determine the appropriate remedy.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_04420.htm_______________The Discipline Book - A 458 page guide focusing on… [read post]
6 Sep 2019, 4:00 am
** The Appellate Division then unanimously affirmed the Supreme Court's judgment, without costs.* See Municipal Home Rule Law §23[2][e].** See New York State Constitution Articles IX §3[a][1] and Article XI, §1; Education Law.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_06449.htm [read post]
11 Sep 2013, 4:18 am
Perhaps its time for the legislature to act on this issue instead of leaving it up to local law enforcement, prosecutors and municipal judges. www.clarkstonlegal.cominfo@clarkstonlegal.com [read post]
20 Nov 2018, 4:00 am
With respect to statements deemed "defamatory per se", in Geraci v Probst, 15 NY3d 336, the Court of Appeals sustained a trial court's instruction to the jury that Probst's statement was defamatory per se because it alleged that Geraci had committed a crime, in this instance "a violation of the General Municipal Law related to the exercise of [Geraci's] public office" and that the statement was false. [read post]
10 Jul 2019, 4:00 am
A job seeker [Applicant] appealed the decision of Supreme Court granting the prospective employer's [Agency] motion the dismiss Applicant's CPLR Article 78 petition seeking a court order annulling the Agency's decision not to hire the Applicant and directing the Agency to reconsider his application for employment.The Appellate Division Unanimously affirmed the Supreme Court's action explaining that the lower court had "properly… [read post]
20 Nov 2018, 4:00 am
With respect to statements deemed "defamatory per se", in Geraci v Probst, 15 NY3d 336, the Court of Appeals sustained a trial court's instruction to the jury that Probst's statement was defamatory per se because it alleged that Geraci had committed a crime, in this instance "a violation of the General Municipal Law related to the exercise of [Geraci's] public office" and that the statement was false. [read post]
29 Jan 2019, 10:07 am
If you have been issued 10 or more parking tickets and they remain unpaid, a parking municipality can request a license suspension from the Secretary of State. [read post]
23 Sep 2019, 5:05 am
Courts agree that the Florida Constitution’s homestead exemption does not permit a homestead within a municipality to be used in part for a business. [read post]
21 May 2019, 8:18 am
The Supreme Court has accepted the case for appeal and is expected to resolve a split among federal appeals courts on the issue. [read post]
29 Apr 2019, 4:10 pm
The procedures and rules that govern cases against municipalities are much different than traditional negligence cases, however, which makes it extremely important to consult with an experienced attorney about your claim. [read post]
29 Apr 2019, 4:10 pm
The procedures and rules that govern cases against municipalities are much different than traditional negligence cases, however, which makes it extremely important to consult with an experienced attorney about your claim. [read post]
11 Mar 2011, 1:41 pm
DeAngelo appealed the decision of the Municipal Court to the Law Division of the Superior Court. [read post]
22 Jun 2009, 12:52 pm
That case, Cassidas Municipal Water District v. [read post]
27 Jun 2014, 3:43 pm
The courts will not invalidate a municipal zoning ordinance simply because one or more legislators sought to suppress protected expression. [read post]
23 Sep 2009, 11:08 am
The Court of Appeals disagreed, finding that municipal boundaries are a well-established function of the Legislature, and because the Legislature is free to alter them at-will, without election, the Legislature is similarly permitted to allow for a referendum where only qualified electors living in the to-be annexed portion of the township may vote. [read post]
25 Oct 2021, 12:16 pm
The court explained that Petitioner "failed to meet her burden of showing that [Employer] discontinued her probationary employment in bad faith. [read post]
30 Mar 2018, 10:16 am
Subscribe on iTunes, GooglePlay, or SoundCloud, or listen to the podcast here:Here's what my co-host Mandy Marzullo and I talked about this month:Top StoriesConviction overturned because Tarrant County District Judge George Gallagher shocked defendant with stun belt for no valid security purpose.Texas Court of Criminal Appeals holds more court fees unconstitutional for raising revenue rather than paying for justice services.Primary election roundupRecapping Texas contested… [read post]
28 Jun 2024, 7:30 am
Since this litigation began, for example, Oregon itself has adopted a law specifically addressing how far its municipalities may go in regulating public camping. [read post]
13 Mar 2023, 6:00 am
.* Firefighters and any municipal employees assigned to the fire department were covered by the CBA. [read post]
13 Oct 2015, 10:00 am
Are you in probate court or are looking to be in probate court eventually? [read post]
