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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
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
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]
24 Mar 2017, 10:16 am
” See SEC v. [read post]
2 Nov 2013, 7:27 am
[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]
8 Oct 2019, 6:29 am
See, e.g., Ibarra v. [read post]
21 Oct 2022, 2:44 pm
The post <i>Immanuel v. [read post]
29 Mar 2012, 7:00 am
The Court relied in part on McLeod v. [read post]
30 Dec 2021, 1:58 pm
Matloff v. [read post]
17 Nov 2017, 5:54 am
See 15 U.S.C. [read post]
17 Nov 2017, 5:54 am
See 15 U.S.C. [read post]
17 Mar 2022, 2:32 pm
See Amgen Inc. v. [read post]
7 Dec 2016, 2:31 pm
§ 706(2)(A)–(E) (2012); see Dickinson v. [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]
13 Nov 2023, 8:21 am
See United States v. [read post]
13 Aug 2021, 10:43 am
See UnitedHealthcare Insurance Co. v. [read post]
27 Jul 2020, 3:33 pm
See Jean Leon, S.L. v. [read post]
2 Jan 2013, 9:37 am
Jones, 475 F.3d 292, 311–12 (6th Cir.2007); see also French v. [read post]
1 Oct 2013, 12:00 am
Texas, ___ U.S. ___ (1993), and vital judicial review to be blocked, see, e.g., Coleman v. [read post]
