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3 Sep 2008, 4:22 am
The schedule as it now stands is as follows:• September 24, 2008: Appellees' briefs due • October 15, 2008: Appellants' reply brief and joint appendix due By an additional joint motion, also granted today, oral arguments will be scheduled on the December 2008 argument calendar.For additional information regarding the appeal, please see: •… [read post]
28 Aug 2009, 12:46 pm
Three cases have been particularly important: (1) KSR v. [read post]
24 May 2015, 3:22 pm
The complete failure to plead an element of a crime is a nonwaivable jurisdictional defect (see People v Casey, 95 NY2d 354, 356 [2000]; Alejandro, 70 NY2d at 137-138). [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
2 Nov 2013, 7:27 am by David Fraser
[26] The Court must bear in mind such factors as meaningful compensation, deterrence and vindication (see Vancouver (City) v Ward, 2010 SCC 27, [2010] 2 SCR 28) [read post]
6 Oct 2015, 6:33 pm
Concisely stated, it is the contract, and not the will, which is irrevocable (see, 38 NY Jur 2d, Decedents' Estates, § 324; see also, Glass v. [read post]
16 Nov 2015, 5:23 pm
Concisely stated, it is the contract, and not the will, which is irrevocable (see, 38 NY Jur 2d, Decedents' Estates, § 324; see also, Glass v. [read post]