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13 May 2014, 1:08 pm
” Three federal judges have already found this statute unconstitutional (see Vives v the City of New York, 305 F Supp 2d 289, 299 [SD NY 2003, Scheindlin, J.], revd on other grounds 405 F3d 115 [2d Cir 2004] ["where speech is regulated or proscribed based on its content, the scope of the effected speech must be clearly defined"]; see also Vives 405 F3d 115, 123-124 [2d Cir 2004, Cardamone, J., dissenting in part, concurring in part] [Penal Law §… [read post]
13 May 2014, 5:04 am by The Public Employment Law Press
., P.C. v DiNapoli, 2014 NY Slip Op 03191, Court of AppealsAmong the patients treated by a physician and a medical group [Providers] were individuals insured by the Empire Plan, New York State's primary health benefit plan. [read post]
9 May 2014, 12:37 pm by Cicely Wilson
Galloway, United States Supreme Court (5/5/14)Constitutional Law, Government & Administrative LawSince 1999, Greece, New York has opened monthly town board meetings with a roll call, recitation of the Pledge of Allegiance, and a prayer by a local clergy member. [read post]
9 May 2014, 12:36 pm by Stephen Bilkis
The exhibits which the defendant sought to prohibit were business records as the New York Police Department and the New York State Police Crime Laboratory were classified as businesses under the section 4518 (a) of the CPLR. [read post]
9 May 2014, 11:24 am by Lyle Denniston
United States (involving a killing in Guyana with a New York connection)); child sexual assault (Walker v. [read post]
9 May 2014, 7:45 am by Wells Bennett
Indeed, most of them are the subject of a federal indictment in the Southern District of New York that has been pending since 2003. [read post]
9 May 2014, 6:28 am by Jeff Welty
This week, the state supreme court heard oral arguments on the retroactivity of Miller v. [read post]
9 May 2014, 5:53 am by Joy Waltemath
Although picketing by teachers outside of a middle school was a form of protected speech and addressed a matter of public concern, a divided New York Court of Appeals (the state’s high court) concluded that a school district’s safety concerns outweighed the teachers’ interest in protected speech. [read post]
9 May 2014, 2:42 am by Lyle Roberts
” In addition, the Second Circuit test for whether a transaction is domestic is if “the parties incur irrevocable liability to carry our the transaction within the United States or when title is passed the United States. [read post]
8 May 2014, 12:44 pm by Mary Jane Wilmoth
Schaufele IIICase number: 10-cv-05760 (United States District Court for the Southern District of New York)Case filed: July 29, 2010Qualifying Judgment/Order: March 21, 2014 04/22/2014 07/21/2014 2014-38 SEC v. [read post]
8 May 2014, 6:05 am by Amy Howe
Galloway, in which a closely divided Court upheld a New York town’s practice of starting its town council meetings with a prayer. [read post]
7 May 2014, 6:28 am by Patricia Salkin
Sterngass v Asheim, 2013 WL 8284985 (SDNY 11/26/2013)Filed under: Current Caselaw - New York, Non-Conforming Uses, Retaliation, Section 1983 Liability, Vested Rights [read post]
7 May 2014, 4:42 am
Alba, 2014 WL 1328186 (New York Supreme Court – Bronx County 2014). [read post]
7 May 2014, 4:09 am by Kevin LaCroix
  In a September 13, 2011 order (here), Southern District of New York Judge Richard Sullivan, in reliance on the U.S. [read post]
7 May 2014, 4:00 am by The Public Employment Law Press
The State’s reduction of its employer contribution for health insurance premiums for judges was an unconstitutional diminution of judicial compensationBransten v State of New York, 2014 NY Slip Op 03214, Appellate Division, First DepartmentSitting and retired members of the New York State Judiciary challenged the State’s recent decrease in its employer contribution to the cost of the judges' health… [read post]
6 May 2014, 8:42 am by WIMS
Perhaps you caught the editorial in Sunday's New York Times. . . [read post]