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11 Mar 2014, 3:41 pm
An individual may have an odor of alcohol but not be intoxicated or impaired within the legal definition as held in People v Miller and Mulvean v Fox. [read post]
19 May 2015, 6:30 am by The Public Employment Law Press
 Citing Guggenheimer v Ginzburg, 43 NY2d 268, the court further ruled that Supreme Court had  also properly granted that branch of the employee organization’s motion to dismiss Plaintiff’s amended complaint seeking to recover damages for discrimination "for failure to state a cause of action pursuant to CPLR 3211(a)(7). [read post]
21 Nov 2022, 5:00 am by Public Employment Law Press
Citing Matter of Bohack v DiNapoli, 197 AD3d 1384, the Appellate Division noted that Petitioner "bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law"*and Respondent's determination in this regard will be sustained "if supported by substantial evidence. [read post]
22 Oct 2015, 4:00 am by The Public Employment Law Press
The decisions states that these part-time employees, presumably appointed to positions jurisdictionally classified as positions in the noncompetitive class, were not represented by an employee organization. [read post]
11 Jul 2016, 4:05 am by Howard Friedman
Samar, Toward a New Separation of Church and State: Implications for Analogies to the Supreme Court Decision in Hobby Lobby by the Decision in Obergefell v. [read post]
19 Dec 2016, 4:00 am by The Public Employment Law Press
 In some instances, however, a statutory exception may have “sublimated” as the Appellate Division observed in DeFreitas v New York State Police Crime Lab.,2016 NY Slip Op 05676, quoting Matter of Lesher v Hynes, 19 NY3d 57. [read post]
21 Nov 2022, 5:00 am by Public Employment Law Press
Citing Matter of Bohack v DiNapoli, 197 AD3d 1384, the Appellate Division noted that Petitioner "bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law"*and Respondent's determination in this regard will be sustained "if supported by substantial evidence. [read post]
20 Apr 2016, 3:51 pm by Douglas Berman
In so doing, the Fifth Circuit rejected Molina-Martinez’s contention, based on Supreme Court dicta in United States v. [read post]
29 Nov 2006, 2:55 pm
After Monday's argument in Bell Atlantic Corp. v. [read post]