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26 Apr 2023, 6:00 am
In contrast, mandamus "does not lie to enforce a task or duty that is discretionary" as demonstrated by the decisions in Alliance to End Chickens as Kaporos v New York City Police Dept., 152 AD3d 113, affd 32 NY3d 1091, cert denied, 139 S Ct 2651; and Matter of Meyer v Zucker, 185 AD3d 1265, lv denied 36 NY3d 904). [read post]
14 Mar 2022, 5:00 am
" Citing Matter of City Troy[Troy Police Benevolent & Protective Assn., Inc.], 191 AD3d at 1207, the Appellate Division observed that "Such a self-imposed restriction on its own discretion does not violate public policy" as the City retained its discretion in approving outside employment to a police officer while on General Municipal Law §207-c leave but agreed that it would not unreasonably withhold approval. [read post]
25 May 2023, 7:06 pm
While a useful tool in protecting assets and clarifying financial obligations in case of a divorce, a prenuptial agreement does not cover all aspects of a marriage. [read post]
23 Jun 2022, 6:23 am
It's always been the rule that public employees cannot suffer retaliation for speaking out on matters of public concern. [read post]
12 May 2013, 9:54 am
Perpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. [read post]
25 Oct 2023, 7:00 am
If one parent does not agree, however, the process is more complicated. [read post]
13 May 2013, 9:40 am
That is the difficult question to answer.... 5 CAFC Judges Say Computers Patentable, Not SoftwarePerpetuating the myth that the computer is where the magic lies does nothing other than ignore reality. [read post]
6 Jul 2016, 1:57 pm
It reversed the trial judge’s previous jurisdictional dismissal of the M/V Limburg charges in an order endorsing the government’s position that whether Nashiri’s crimes were committed “in the context of and associated with hostilities” is an element of the offenses to be proved at trial and does not implicate subject-matter jurisdiction. [read post]
14 Aug 2015, 10:55 am
Under the new policy, disclosures of sexual misconduct to the Ombuds will be considered confidential.The policy states in relevant part:CONFIDENTIAL COMMUNICATIONSWhen information is shared with a confidential resource identified in this policy, it does not have to be reported further, and will not initiate further action from the University. [read post]
15 Jul 2015, 9:00 pm
Finally, we note that a property does not need to be assessed for more than it is worth in order to be considered "over-assessed. [read post]
15 Oct 2020, 3:55 am
While the Tenant Safe Harbor Act shields such renters from evictions, it does not cancel rental obligations or prohibit landlords from seeking money judgments in lieu of evictions.Commercial evictions, by contrast, remain on hold until October 20, 2020, per the Executive Order issued by Governor Andrew Cuomo. [read post]
22 Aug 2013, 5:53 am
A team approach is used with an emphasis on cooperation and without concern for court-imposed deadlines.Unfortunately, this divorce model does not suit every family. [read post]
Five years of CFTC’s virtual currency enforcement activities analyzed in Cornerstone Research report
7 Aug 2020, 7:33 am
Both of these matters involve allegations of fraud. [read post]
14 Mar 2022, 5:00 am
" Citing Matter of City Troy[Troy Police Benevolent & Protective Assn., Inc.], 191 AD3d at 1207, the Appellate Division observed that "Such a self-imposed restriction on its own discretion does not violate public policy" as the City retained its discretion in approving outside employment to a police officer while on General Municipal Law §207-c leave but agreed that it would not unreasonably withhold approval. [read post]
23 Mar 2016, 3:38 pm
" The court reasoned that "[w]hile the process claimed in the '439 Patent does employ software to process images and perform 3D modeling, the underlying concept involves substantial tangible components. [read post]
23 Mar 2016, 11:53 am
" The court reasoned that "[w]hile the process claimed in the '439 Patent does employ software to process images and perform 3D modeling, the underlying concept involves substantial tangible components. [read post]
27 Jun 2013, 9:25 am
Does he get off scot-free? [read post]
15 Oct 2009, 3:55 pm
A snippet: [Justice of the Peace Keith] Bardwell said he came to the conclusion that most black society does not readily accept offspring of such relationships, and neither does white society. [read post]
9 Aug 2022, 3:30 am
What does this widespread criticism mean for the future of zoning? [read post]
4 Jun 2007, 5:31 am
Does it fall under subdivision (2) or (3)? [read post]
