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A CPLR challenge to a administrative determination is subject to a four-month statute of limitations
24 Apr 2020, 4:00 am
" In dismissing the member's Article 78 decision the Appellate Division opined that the Retirement System's response to the member's letter in 2017 "did not extend the [Article 78] limitations period" for bringing a timely action.As the Appellate Division held in Baloy v Kelly, 92 AD3d 521, a request for reconsideration of an administrative determination neither extends nor enlarges the statute of limitation for filing a timely Article… [read post]
18 May 2013, 8:35 am
McGonigal offers the most practical explanation I have read of why this is the case, as well as down-to-earth advice on how to train yourself in service of your real goals. [read post]
25 May 2015, 6:00 am
Had been absent on “an unapproved absence” and made false statements regarding a separate purported approval of an absence.Characterizing the police officer’s offences as “serious” and noting that the Commissioner "is accountable to the public for the integrity of the Department," the Appellate Division said that the penalty of termination “does not shock our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The decision is posted on… [read post]
24 Sep 2013, 10:19 am
Kelly THURSDAY, OCTOBER 24, 2013 6:30PM to 8:30PM – Scranton Cultural Center Ballroom Major Sponsor: Lackawanna Bar Association Honorees will receive the Attorney Robert W. [read post]
A CPLR challenge to a administrative determination is subject to a four-month statute of limitations
24 Apr 2020, 4:00 am
" In dismissing the member's Article 78 decision the Appellate Division opined that the Retirement System's response to the member's letter in 2017 "did not extend the [Article 78] limitations period" for bringing a timely action.As the Appellate Division held in Baloy v Kelly, 92 AD3d 521, a request for reconsideration of an administrative determination neither extends nor enlarges the statute of limitation for filing a timely Article… [read post]
9 Mar 2015, 8:18 am
In the administrative disciplinary action the employee’s supervisor had testified that Employee had threatened him as Employee stood near him, holding wood or another object in his hand, and raised the object while getting angrier in his statements to the supervisor.The disciplinary penalty imposed: suspension without pay for 31 work days,Employee’s challenge to the administrative disciplinary determination and the penalty imposed, but the Appellate Division sustained both the finding of… [read post]
5 Mar 2024, 6:00 am
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an injury which… [read post]
4 Mar 2015, 9:30 am
”Similarly, a New York City Office of Administrative Trials and Hearings' administrative law judge held that an employee may be disciplined for refusing to cooperate in a non-disciplinary investigation interview [NYC Health and Hospital Corporation v Jones, OATH Index #1100/10, posted on the Internet at:http://archive.citylaw.org/oath/10_Cases/10-1100.pdf].The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2015/2015_01740.htm_____________A Reasonable… [read post]
26 Dec 2018, 12:30 pm
At the same time, advocates who provide services to children in government custody told ACLU lawyers they were seeing children much younger than the teenagers they usually saw entering their facilities. [read post]
24 Sep 2013, 10:19 am
Kelly THURSDAY, OCTOBER 24, 2013 6:30PM to 8:30PM – Scranton Cultural Center Ballroom Major Sponsor: Lackawanna Bar Association Honorees will receive the Attorney Robert W. [read post]
7 Nov 2013, 6:09 am
Kelly. [read post]
22 Mar 2016, 4:00 am
”As to the penalty imposed by the appointing authority, termination, the court said that “under the circumstances,” such a penalty did not shock one's conscience or sense of fairness, citing Kelly v Safir, 96 NY2d 32.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm___________________ A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions… [read post]
18 May 2013, 8:35 am
McGonigal offers the most practical explanation I have read of why this is the case, as well as down-to-earth advice on how to train yourself in service of your real goals. [read post]
19 Mar 2013, 3:15 pm
Access answers to questions from Dan Carroll, Managing Editor, Phone: 773-325-2298; or Lead Editor Kelly Tzoumis, Email: (click here). [read post]
3 Oct 2013, 6:00 am
Kelly THURSDAY, OCTOBER 24, 2013 6:30PM to 8:30PM – Scranton Cultural Center Ballroom Major Sponsor: Lackawanna Bar Association Honorees will receive the Attorney Robert W. [read post]
5 Mar 2024, 6:00 am
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an injury which… [read post]
17 Apr 2024, 9:40 am
“Corporate entities are assuming control of physician practices and changing the face of medicine in the United States with little to no scrutiny from regulators,” Kelly Kenney, PAI’s CEO, said in a statement. ( FIERCE HEALTHCARE ) Medical Debt Relief Not Life-Changing The nonprofit group R.I.P. [read post]
20 Jun 2019, 5:24 am
Kelly has fully paid his child support bills. [read post]
18 Oct 2013, 6:00 am
Kelly THURSDAY, OCTOBER 24, 2013 6:30PM to 8:30PM – Scranton Cultural Center Ballroom Major Sponsor: Lackawanna Bar Association Honorees will receive the Attorney Robert W. [read post]
13 May 2021, 4:00 am
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]
