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21 Aug 2024, 6:00 am by Public Employment Law Press
(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]
6 Jun 2023, 6:00 am by Public Employment Law Press
Citing Matter of Tomaine v City of Poughkeepsie Police, 178 AD3d 1256, the Appellate Division sustained the Board's determination. [read post]
29 Sep 2016, 7:30 am by The Public Employment Law Press
As the United States Court of Appeals for the 5thCircuit held in Wallace v Methodist Hospital System, 271 F.3d 212, where the employer has presented a lawful reason to rebut an individual’s prima facie evidence of unlawful discrimination, the burden shifts to the charging party to “present facts to rebut each and every legitimate non-discriminatory reason advanced by [the employer] in order to survive [a motion for] summary judgment” submitted to the court by the… [read post]
22 Oct 2013, 6:59 pm by Brian Shiffrin
 The burden to ascertain whether the court is mistaken or sloppy could be an uncomfortable one, but if you cite People v Clermont, I'm sure your judge will be very understanding and accept your criticism with grace and wit. [read post]
2 Feb 2013, 3:22 pm
The Comptroller "possesses the authority to resolve conflicting medical evidence and to credit the opinion of one expert over that of another, so long as the credited expert articulates a rational and fact-based opinion premised upon a physical examination and consideration of the relevant medical records" (Matter of Clorofilla v Hevesi, 38 AD3d 1126, 1126 [2007]; see Matter of Freund v Hevesi, 34 AD3d 950, 951 [2006]). [read post]
11 Dec 2013, 11:52 am by Hanni Fakhoury
Related Issues: PrivacyCell TrackingLocational PrivacyRelated Cases: US v. [read post]
21 Feb 2014, 8:35 am by WSLL
Affirmed.Case Name: DEANA V. [read post]