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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]
17 Aug 2013, 3:03 pm
The court finds that the charge, when read as a whole, adequately instructed the jury as to the People's burden of proof with respect to circumstantial evidence. [read post]
19 May 2015, 6:30 am by The Public Employment Law Press
Accordingly, Supreme Court dismissed Plaintiff’s petition as time-barred.The Appellate Division affirmed the lower court’s determination, explaining that the employee organization had met its prima facie burden by establishing that the cause of action alleging that it breached its duty of fair representation was untimely and that  Plaintiff had failed to raise a triable issue of fact. [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]
28 Nov 2022, 4:14 am by Florian Mueller
§ 1782 Granting Leave to Obtain Discovery From Broadcom Corporation for Use in a Foreign ProceedingThis motion for a subpoena is related to an Ericsson v. [read post]
22 Oct 2015, 4:00 am by The Public Employment Law Press
However, in the event a public employer has abolished a position, an employee challenging that determination has the burden of proving that the employer engaged in a bad faith effort to circumvent the Civil Service Law. [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]
12 Dec 2013, 7:12 am
 In the meantime, here they are in outline:Case C‑443/12, Actavis Group PTC EHF, Actavis UK Ltd v Sanofi, Sanofi Pharma Bristol-Myers Squibb SNC intervening, noted on The SPC Blog here. [read post]