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26 Feb 2010, 4:33 am
In Van Tassel the Appellate Division ruled that an individual is not required to exhaust the available administrative remedy, in this instance the arbitration procedure set out in a collective bargaining agreement, where the subject matter of the complaint "falls outside the scope of the parties' agreement to arbitrate. [read post]
23 Feb 2010, 10:51 am by Vicki Shiah
The Court declined to remit the matter to DEC for further consideration, and ordered the property admitted into the BCPbased on the extensive record supporting eligibility. [read post]
22 Feb 2010, 3:42 am
”Typically such termination is “by operation of law” and all that is required is the appointing authority determination that Section 30.1(e) applies with respect to the individual involved.In Bowman v Kerik, 271 A.D.2d 225, the court said that Section 30.1(e) of the Public Officers Law provides that a public office becomes vacant upon the conviction of the incumbent "of a felony, or a crime involving a violation of his oath of office. [read post]
16 Feb 2010, 11:47 am
Accordingly, Justice Reed remanded the matter to arbitrator to determine “the proper sanction” to be imposed upon Nicot, and said that Nicot's suspension was to be continued "pending reconsideration by the arbitrator. [read post]
10 Feb 2010, 3:35 am
”This is the case even if the new “final determination” confirms the original administrative decision [see Raykowski v NYC DOT, 259 A.D.2d 367]. [read post]
9 Feb 2010, 3:12 am
However, in City School District of City of Emira v Newcomb, 266 A.D.2d 622, the Appellate Division said that: “… authority exists to support the general proposition that a retirement letter may be withdrawn prior to a legally binding acceptance by a board of education,” citing Matter of Totevski v Board of Educ., 178 Misc 2d 758; Matter of Petnick, 14 Educ Dept Rep 141; Matter of Goodrow, 7 Educ Dept Rep 39; and Matter of Lawrence, 6… [read post]
8 Feb 2010, 4:10 am
The Unemployment Insurance Appeals Board disqualified Warden from receiving benefits, ruling that he had lost his employment due to misconduct.The Appellate Division could not actually resolve the matter because Worden's appeal was untimely. [read post]
6 Feb 2010, 5:01 pm
The Town, on the other hand, asked the court to dismiss Lombino's action on the grounds that as a matter of law, he had not filed a timely oath of office.According to the Appellate Division's ruling, Lombino had been advised of his appointment in November 1990. [read post]
4 Feb 2010, 10:13 am by Milt Rowland
., A.D., Dec. 29, 2009), the Court was called upon to decide whether a verbal reference in an arbitration to an expunged criminal record could violate a reasonable expectation of privacy and give rise to a cause of action sounding in tort. [read post]
1 Feb 2010, 9:25 am
The Bulldog at Yale Gets No Tail (we used to sing that at Columbia), But he can get integrative medicine CME.Yale is offering integrative medicine CME: Yale School of Medicine, Integrative Medicine at Yale Integrative medicine combines treatments from conventional medicine and complementary and alternative medicine (CAM) for which there is evidence of safety and effectiveness. [read post]
1 Feb 2010, 9:25 am
The Bulldog at Yale Gets No Tail (we used to sing that at Columbia), But he can get integrative medicine CME.Yale is offering integrative medicine CME: Yale School of Medicine, Integrative Medicine at Yale Integrative medicine combines treatments from conventional medicine and complementary and alternative medicine (CAM) for which there is evidence of safety and effectiveness. [read post]
28 Jan 2010, 3:40 am by Andrew Lavoott Bluestone
Oppenheim & Co., 160 A.D.2d 428, 554 N.Y.S. 2d 487, 489-90 (1st Dep't 1990)) Allegations that amount to nothing more than a "dissatisfaction with strategic choices" will not support a malpractice claim as a matter of law. [read post]