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30 Nov 2014, 5:00 am by Howard Friedman
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]
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]
5 Apr 2018, 1:43 pm by lennyesq
Investigation into deadly Listeria outbreak shows company knew cheese plant was contaminated BY DAN FLYNN | *** A federal court has shut down the Walton, NY, creamery that last year was the source of a multistate listeriosis outbreak that infected eight people in four states with listeriosis, resulting in two deaths. [read post]
27 Jun 2017, 10:00 pm by Coral Beach
Federal officials are seeking a court order to stop a smoked fish operation from selling food because of repeated Listeria problems at its Westchester County, NY, facility. [read post]
28 May 2024, 5:00 am
” Center for Autism was found by the NYS Justice Center for the Protection of People with Special Needs to have committed “category four neglect” (as defined by the Social Services Law), the Center asked for a formal hearing.After an Administrative Law Judge found that a “preponderance of the evidence” supported the determination that neglect had been committed, and denied the Center’s request that the report be amended and sealed, a special… [read post]
20 Mar 2020, 4:00 am by Howard Friedman
Azar, (SD NY, filed 3/19/2020) contends that the Notice of Non-Enforcement violates the Administrative Procedure Actin three ways. [read post]
1 Dec 2021, 2:13 am by Jon L. Gelman
,  NY AG Seeks Emergency Relief to Protect Rights and Safety of Amazon Workers, Workers' Compensation Blog (Dec. 1, 2021), https://workers-compensation.blogspot.com/2021/12/ny-ag-seeks-emergency-relief-to-protect.htmlRelated ArticlesWarehouse Workers' Injuries Are Increasing as Employers Use Artificial Intelligence, 9/23/21Amazon Settles with California Over Concealment of COVID Data From Warehouse Workers COVID-19 11/17/21OSHA issues emergency… [read post]
31 Jan 2017, 9:45 pm by Patricia Salkin
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]
2 Jul 2019, 2:27 pm by Immigration Prof
Now, Bloomberg Law reports that the Trump administration is abandoning the plan to add a citizenship... [read post]
14 Apr 2010, 4:04 am
Statements made in the course of a judicial or quasi-judicial proceeding are absolutely privilegedMatter of Gaeta v Incorporated Village of Garden City, 2010 NY Slip Op 02950, Decided on April 6, 2010, Appellate Division, Second DepartmentSometimes a party will file a lawsuit contending that he or she was slandered* in the course of a judicial or a quasi-judicial action such as an administrative hearing.Frank Gaeta attempted to initiate such a lawsuit alleging slander. [read post]
22 Sep 2021, 7:33 am by zola.support.team
At this juncture, state and federal courts have upheld vaccine mandates more broadly, and the Occupational Safety and Health Administration is crafting a new rule requiring employers with more than 100 employees to require staff members to be vaccinated for Covid-19. [read post]
23 May 2012, 1:02 pm by Sheldon Toplitt
Passage of the bills is unlikely, and in any case, would almost certainly be struck down by the courts as being violative of the First Amendment. [read post]
1 May 2016, 10:31 pm by Patricia Salkin
Soldatenko v Village of Scarsdale Zoning Bd. of Appeals, 2016 WL 1576925 (NYAD 2 Dept. 4/20/2016)  Filed under: Current Caselaw - New York, Zoning Administration [read post]
29 Apr 2011, 10:36 pm by Patty Salkin
The appellate court concluded that since the homeowners withdrew their appeal of the stop work order before the zoning board of appeals, they failed to exhaust their administrative remedies and may not now continue to dispute the fact that “substantial improvements” were made to their house in violation of the Code. [read post]