Search for: "Burden v. Burden"
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15 Sep 2017, 4:00 am
An arbitrator's award may only be vacated by a court if it violates public policy, is irrational or it exceeds specified limitations on the arbitrator's powerSubway Surface Supervisors Assn. v New York City Tr. [read post]
10 Sep 2014, 9:36 pm
Two Ass'n v. [read post]
15 Jan 2016, 4:09 am
The Comptroller affirmed the Hearing Officer’s determination stating, in part, that Gilleshad "failed to sustain his burden of proving that he [was] eligible to have included in the calculation of his final average salary those payments received for services rendered to private entities and for which the employer [was] reimbursed by the private entities. [read post]
18 Jul 2014, 6:32 pm
United States v. [read post]
28 May 2015, 8:03 am
In Annocki v. [read post]
20 May 2015, 6:00 am
The State Constitution’s prohibition of gifts of public funds is not necessarily applicable in situations involving labor-management relations between public employees and public employers under the Taylor Law2015 NY Slip Op 03837, Appellate Division, Second DepartmentIntroducing its decision in this appeal with the statement "Judicial review of an arbitrator's award is extremely limited," the Appellate Division explained that "A party seeking to overturn an arbitration… [read post]
14 May 2021, 4:45 am
Citing a number of earlier court rulings including Matter of Martin v New York State Comptroller, 161 AD3d 1418, the Appellate Division affirmed the Comptroller's decision, explaining that to qualify for a RSSL §607-c performance of duty disability retirement the applicant bears the burden of establishing that his alleged incapacity was "the natural and proximate result of any act of any inmate or any person confined in an institution under [county]… [read post]
21 Aug 2024, 6:00 am
(concurring in part and dissenting in part), agreed with the majority, but in his view the February 17, 2012 incident constituted "an accident, not unlike that [described] in Matter of Loia v DiNapoli, 164 AD3d 1513". [read post]
14 Feb 2018, 9:57 am
It’s easy to read United States v. [read post]
10 Oct 2013, 10:24 am
In a recent Maryland federal case, EEOC v. [read post]
14 Aug 2023, 4:51 am
As to conducting disciplinary hearings in absentia, in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819, the Appellate Division held “due process does not require that [the charged individual] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
16 Jun 2014, 9:12 am
Melton v. [read post]
7 Apr 2016, 4:00 am
"In Dryer v. [read post]
17 Aug 2023, 9:30 pm
Bruen) and those that rely on history to set the content of a constitutional rule (for example in Dobbs v. [read post]
25 Jan 2018, 4:04 pm
In contrast, in Winter v. [read post]
29 Aug 2018, 4:00 am
In New Doe Child #1 v. [read post]
5 Sep 2017, 12:42 pm
Thus, under United States v. [read post]
15 Sep 2016, 3:52 am
NH Beach Pizza LLC v. [read post]
17 Sep 2021, 7:30 am
The Appellate Division, noting that to prevail PEF bore the burden of demonstrating that the Commission "erred in its job classification determinations," said that decisions of the Commission are "subject to limited judicial review and will not be disturbed absent a showing that [they were] wholly arbitrary or without a rational basis", citing Cove v Sise, 71 NY2d 910. [read post]
