Search for: "Matter of Appeal From Civil Penalty"
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22 Oct 2010, 3:09 am
"Thus, where, as here, several charges have been dismissed on appeal, an appellate court will often remit the matter for an appropriate penalty (id.; see also, Matter of Ahsaf v Nyquist, 37 NY2d 182, 186). [read post]
26 Mar 2019, 5:00 am
He has been nominated for the Nobel Peace Prize and denounced as a “total traitor” deserving of the death penalty. [read post]
7 Jul 2010, 9:22 am
On appeal, the court overruled the Solises’ fee award on the ground that the last payment did not constitute a retention and, thus, Civil Code Section 3260(g) was inapplicable. [read post]
22 Mar 2010, 11:34 pm
Gillen was the Director of the Smithtown Library from 1988 until his suspension in 1994, when he was charged with submitting “documents containing false entries to the Suffolk County Department of Civil Service. [read post]
15 Feb 2016, 7:00 am
”Appeal IIReferring to the facts stated in its decision in Appeal I, the Appellate Division said that the "Settlement Agreement" between the parties in this matter provided that the parties could challenge or appeal the determinations of the hearing officer, Robert L. [read post]
28 Jan 2019, 4:00 am
Elements considered by courts in reviewing an individual's appeal of an adverse disciplinary decision by an appointing authorityThomas v Town of Southeast, 2019 NY Slip Op 00446, Appellate Division, Second DepartmentIn an employee disciplinary matter conducted pursuant to §75 of the Civil Service Law, judicial review of factual findings made after a hearing is limited to consideration of whether that determination was supported by substantial evidence. [read post]
28 Jan 2019, 4:00 am
Elements considered by courts in reviewing an individual's appeal of an adverse disciplinary decision by an appointing authorityThomas v Town of Southeast, 2019 NY Slip Op 00446, Appellate Division, Second DepartmentIn an employee disciplinary matter conducted pursuant to §75 of the Civil Service Law, judicial review of factual findings made after a hearing is limited to consideration of whether that determination was supported by substantial evidence. [read post]
31 Jul 2014, 4:00 am
"Finally, the court said that the penalty is not "so disproportionate to the offense as to be shocking to one's sense of fairness," citing Matter of Pell, 34 NY2d at 222. [read post]
7 Dec 2021, 11:53 am
The court also affirmed a civil penalty based on treating each defrauded victim as a separate violation.Tolling the statute of limitations. [read post]
17 Mar 2021, 5:57 am
The US Court of Appeals for the Second Circuit on Monday dismissed an appeal from a Department of Justice (DOJ) employee seeking a defamation suit against the New York Times (NYT). [read post]
21 Nov 2024, 1:44 am
In July 2024, OCR issued a Notice of Proposed Determination to impose a $100,000 civil monetary penalty. [read post]
12 Apr 2024, 7:49 am
It imposed $22,375,782 in civil penalties. [read post]
8 Jun 2016, 2:49 pm
The Second Circuit held that the trial evidence was insufficient as a matter of law to prove that Countrywide made a false representation with contemporaneous fraudulent intent. [read post]
2 Jan 2008, 9:32 am
The defense bar would scream bloody murder if the bar as a whole tried to sanction such conduct, of course, so it is not a helpful definition as a practical matter, whatever its theoretical appeal. [read post]
16 Nov 2009, 7:00 am
On appeal, the Circuit Court affirmed the ruling, differentiating the criminal statute from civil forfeiture. [read post]
26 Jan 2011, 3:15 pm
At issue in this appeal is a civil penalty, assessed under Labor Code section 226.3, for appellant’s failure to provide itemized wage statements to all of its employees as statutorily required. [read post]
23 Sep 2024, 6:00 am
An employee of a New York State agency [Appellant] commenced a CPLR Article 75 proceeding seeking to vacate or modify an arbitration award denying her grievance challenging charges of misconduct and insubordination that had been filed against her.An Arbitrator had found Appellant guilty of the disciplinary charges and that imposing the penalty of termination from her position was appropriate. [read post]
23 Sep 2024, 6:00 am
An employee of a New York State agency [Appellant] commenced a CPLR Article 75 proceeding seeking to vacate or modify an arbitration award denying her grievance challenging charges of misconduct and insubordination that had been filed against her.An Arbitrator had found Appellant guilty of the disciplinary charges and that imposing the penalty of termination from her position was appropriate. [read post]
23 Jul 2013, 1:22 pm
Appealed from the United States District Court for the Eastern District of Virginia, at Norfolk. [read post]
12 May 2010, 7:16 am
Education Law §3813 notice of claim involving “a matter of personal interest” distinguished from vindicating a “matter of public interest”Matter of Harris v Board of Educ., Union Springs Cent. [read post]
