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24 Apr 2023, 6:00 am by Public Employment Law Press
Citing Matter of Brown v Velez, 153 AD3d 517, the Appellate Division observed that at an administrative expungement hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established "by a preponderance of the evidence"*. [read post]
28 Jan 2019, 4:00 am by Public Employment Law Press
"The appointing authority adopted the hearing officer's findings and recommendation and terminated Thomas' employment, whereupon Thomas filed a petition pursuant Article 78 of the CPLR seeking a judicial review of the Town's action.The Appellate Division dismissed Thomas' appeal, explaining that any credibility issues were resolved by the hearing officer (see Matter of Reed v Raynor, 151 AD3d 730), and substantial evidence in the record supported… [read post]
28 Jan 2019, 4:00 am by Public Employment Law Press
"The appointing authority adopted the hearing officer's findings and recommendation and terminated Thomas' employment, whereupon Thomas filed a petition pursuant Article 78 of the CPLR seeking a judicial review of the Town's action.The Appellate Division dismissed Thomas' appeal, explaining that any credibility issues were resolved by the hearing officer (see Matter of Reed v Raynor, 151 AD3d 730), and substantial evidence in the record supported… [read post]
15 Jul 2010, 3:46 am
Employee disciplined for making false statements in the course of an administrative investigationAbbate v Safir, App. [read post]
21 Oct 2010, 3:18 am
Recalling firefighters on General Municipal Law Section 207-a disability leave to report for light duty Cohoes v Local 2562, IAFF, Court of Appeals, 94 NY2d 686Barnes v Council 82 [Monroe], Court of Appeals, 94 NY2d 719What is the proper procedure for a municipal employer to a call disabled firefighter or police officer back to work for a light duty assignment? [read post]
1 Oct 2011, 10:14 am by Steve Hall
The Alabama court clerk’s office, too, shares responsibility for the pitiful series of events. [read post]
22 Aug 2008, 8:42 am
Court of Appeal (Criminal Division) RB, R. v [2008] EWCA Crim 1850 (17 July 2008) High Court (Queen’s Bench Division) Stapleton, R (on the application of) v Revenue & Customs Prosecution Office [2008] EWHC 1968 (QB) (25 July 2008) High Court (Family Division) The Local Authority v RK & Ors [2008] EWHC 2051 (Fam) (21 August 2008) High Court (Administrative Court) Mohamed, R (on the… [read post]
21 Oct 2020, 4:00 am by Public Employment Law Press
" Referencing the longstanding, basic rules of statutory interpretation, the Court of Appeals said that in such matters a court's "primary consideration is to ascertain and give effect to the intention of the [l]egislature", citing Samiento v World Yacht Inc., 10 NY3d 70. [read post]
21 Oct 2020, 4:00 am by Public Employment Law Press
" Referencing the longstanding, basic rules of statutory interpretation, the Court of Appeals said that in such matters a court's "primary consideration is to ascertain and give effect to the intention of the [l]egislature", citing Samiento v World Yacht Inc., 10 NY3d 70. [read post]
8 Dec 2017, 6:15 am by Charles R. Macedo
In this regard, a PTAB proceeding is not a “suit” in court, but instead an administrative proceeding in which the Office (through the PTAB) takes “a second look at an earlier administrative grant of a patent. [read post]
17 Jun 2024, 5:58 am by Benson Varghese
On June 12, 2024, the Court of Criminal Appeals handed down its decision in Heath v. [read post]