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24 Mar 2023, 10:00 pm by Public Employment Law Press
In any event, respondent was entitled to submit the affidavit on its cross motion, and the court properly considered it in evaluating the merits of petitioner's claim (see Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115 AD3d 128, 134-135 [1st Dept 2014]; see also Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]). [read post]
24 Mar 2023, 6:30 am
United States, Rule 10b-5, SEC enforcement, Securities fraud, United States v. [read post]
24 Mar 2023, 6:30 am
United States, Rule 10b-5, SEC enforcement, Securities fraud, United States v. [read post]
24 Mar 2023, 6:00 am by Public Employment Law Press
The court then explained that an "appointment of an individual from a constitutionally valid expired list violates Article V, §6 of the NY Constitution" citing Matter of City of New York v New York State Div. of Human Rights, 93 NY2d 768.* Nevertheless, in light of the conditional offer of employment given to Plaintiff, and his request for back pay, the Appellate Division denied the Respondents' request that the Appellate Division dismiss Plaintiff's appeal… [read post]
24 Mar 2023, 6:00 am by Public Employment Law Press
The court then explained that an "appointment of an individual from a constitutionally valid expired list violates Article V, §6 of the NY Constitution" citing Matter of City of New York v New York State Div. of Human Rights, 93 NY2d 768.* Nevertheless, in light of the conditional offer of employment given to Plaintiff, and his request for back pay, the Appellate Division denied the Respondents' request that the Appellate Division dismiss Plaintiff's appeal… [read post]
24 Mar 2023, 5:01 am by Robert Loeb
Circuit digs in more on the Appointment Clause issue, it will see it as having more force. [read post]
23 Mar 2023, 10:00 pm by Guest Author
   Take another example: the Clean Power Plan overturned by the Supreme Court in West Virginia v. [read post]