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20 Apr 2012, 2:54 am by Andrew Lavoott Bluestone
 Forchelli & Forchelli 17 AD3d 343 (2 Dept 2005), citing Shopsin Siben Siben 268 AD2d 578 (2 Dept 2000); see also, Pechko Gendelman, 20 AD3d 404 (2 Dept 2005).. [read post]
8 Jun 2020, 5:55 am by Andrew Lavoott Bluestone
“[T]he failure to show proximate cause mandates the dismissal of a legal malpractice action regardless of whether the attorney was negligent” (Wo Yee Hing Realty Corp. v Stern, 99 AD3d 58, 63 [1st Dept 2012]). [read post]
15 Mar 2024, 5:52 am by Andrew Lavoott Bluestone
” “Although Supreme Court was correct that plaintiffs sufficiently pleaded the breach of contract cause of action, it erred by not considering defendants’ proffer, specifically, the retainer agreement, which conclusively establishes a defense as a matter of law. [read post]
September 25: Dept. of Corrections reveals that its lethal injection drugs will expire on October 1, and new drugs won’t be available until 2011. [read post]
15 Nov 2006, 7:14 am
Whitis said the Harrison County Sheriff's Dept. and the Corydon Police Dept. have been quick to respond when they have used the system. [read post]
3 Feb 2009, 4:00 am
Please direct corrections, comments, questions, subscription requests and inquiries to Mr. [read post]
17 Oct 2013, 1:02 pm by Gregory Forman
South Carolina Dept. of Transp., 361 S.C. 9,602 S.E.2d 772, 780 (2004). [read post]
31 Jul 2009, 5:49 am
The NYCHRL creates vicarious liability for an employer for the acts of its managerial and supervisory employees even where the employer has exercised reasonable care to prevent and correct any discriminatory acts, and even where the aggrieved employee unreasonably has failed to take advantage of employer-offered corrective opportunities. [read post]
19 Jan 2009, 4:00 am
Please direct corrections, comments, questions, subscription requests and inquiries to Mr. [read post]
16 Nov 2016, 4:00 am by The Public Employment Law Press
County of Albany, 300 A.D.2d 984, 085 (3d Dept. 2002) (‘Upon our review of Civil Service Law § 71 and its legislative history, we find it clearly within the Sheriff's authority to avail himself of the termination procedures therein outlined to remove a disabled correction officer-even one receiving General Municipal Law §207-c benefits-from the County payroll’)]. [read post]
19 Jun 2012, 1:15 pm by Medicare Set Aside Services
Instead they called into EDI dept and the issue was corrected…she finally got her treatment for her unrelated issues and then died 6 days later. [read post]
11 May 2022, 4:00 am by Public Employment Law Press
., Local 1000, AFSCME, AFL-CIO v Pataki, 259 AD2d 826, 827-828 [1999], lv dismissed and denied 93 NY2d 993 [1999]; Matter of McGuinn v City of New York, 219 AD2d 489, 490 [1995], lv dismissed and denied 87 NY2d 966 [1996]; Matter of Cassidy v New York City Dept. of Correction, 95 AD2d 733, 734-735 [1983]; Matter of Serth v New York State Dept. of Transp., 79 AD2d 801, 802 [1980]). [read post]
11 May 2022, 4:00 am by Public Employment Law Press
., Local 1000, AFSCME, AFL-CIO v Pataki, 259 AD2d 826, 827-828 [1999], lv dismissed and denied 93 NY2d 993 [1999]; Matter of McGuinn v City of New York, 219 AD2d 489, 490 [1995], lv dismissed and denied 87 NY2d 966 [1996]; Matter of Cassidy v New York City Dept. of Correction, 95 AD2d 733, 734-735 [1983]; Matter of Serth v New York State Dept. of Transp., 79 AD2d 801, 802 [1980]). [read post]
11 May 2022, 4:00 am by Public Employment Law Press
., Local 1000, AFSCME, AFL-CIO v Pataki, 259 AD2d 826, 827-828 [1999], lv dismissed and denied 93 NY2d 993 [1999]; Matter of McGuinn v City of New York, 219 AD2d 489, 490 [1995], lv dismissed and denied 87 NY2d 966 [1996]; Matter of Cassidy v New York City Dept. of Correction, 95 AD2d 733, 734-735 [1983]; Matter of Serth v New York State Dept. of Transp., 79 AD2d 801, 802 [1980]). [read post]