Search for: "Kelly v. Kelly"
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A CPLR challenge to a administrative determination is subject to a four-month statute of limitations
24 Apr 2020, 4:00 am
" In dismissing the member's Article 78 decision the Appellate Division opined that the Retirement System's response to the member's letter in 2017 "did not extend the [Article 78] limitations period" for bringing a timely action.As the Appellate Division held in Baloy v Kelly, 92 AD3d 521, a request for reconsideration of an administrative determination neither extends nor enlarges the statute of limitation for filing a timely… [read post]
13 May 2021, 4:00 am
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]
5 Feb 2014, 12:32 pm
The Court of Appeals issued a real head scratcher today in Helton v Beaman. [read post]
6 Feb 2018, 4:05 am
In Amiri v. [read post]
7 Jun 2014, 9:16 am
It's a warning with reading about.In Grigoryantis v Safety-Kleen Corp., US District Court, WD, PA, Case No. 1:11-cv-00267, on May 28, 2014, Magistrate Judge Kelly found the defendant liable for attorney fees and plaintiff's travel costs because the defendant attended a mediation with no intent to make a settlement offer because discovery had not concluded in the case and it was against their policy to make a settlement offer until discovery was closed.The court noted that… [read post]
7 Feb 2014, 6:09 am
[Thanks to Kelly V for her clear and concise explanation]Original content copyright © InsureBlog [read post]
8 Apr 2022, 5:00 am
Photo by Kelly L on www.pexels.com. [read post]
5 Mar 2024, 6:00 am
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an injury which… [read post]
1 Mar 2017, 4:00 am
"Noting that the Deputy Commissioner's findings of misconduct, sexual and otherwise, were supported "a preponderance of the credible evidence — namely, the forensic computer records, text messages, controlled calls, and [the police officer's] own statements upon his arrest — supported the minor victim's version of the events" the court, citing Tighe v Kelly, 305 AD2d 274, leave to appeal denied 100 NY2d 513, said that the penalty imposed on… [read post]
13 May 2021, 4:00 am
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]
30 Jul 2020, 4:00 am
"The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2020/2020_03472.htm [read post]
4 Dec 2022, 9:30 pm
PolgarFrom Conspiracy to Policy: James V. [read post]
30 Jul 2020, 4:00 am
"The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2020/2020_03472.htm [read post]
20 Jul 2020, 7:34 pm
MARK KELLY, Defendant. [read post]
25 May 2023, 2:05 am
The Court of Appeals had affirmed the denial of those benefits by Respondents in connection with the evidence submitted on her first two applications, Matter of Salerno v Kelly, 139 AD3d 516.In support of her third attempt, Plaintiff submitted the affidavit of a retired colleague, stating that at the time of the terrorist attack, he was stationed with Plaintiff at the offices of the Internal Affairs Bureau. [read post]
5 Mar 2024, 6:00 am
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an injury which… [read post]
6 Feb 2014, 3:40 am
FlynnIn mid-January, the Michigan Supreme Court heard oral arguments in Porter v Hill, a case we've been following in this blog, involving the rights of grandparents to see their grandchildren. [read post]
15 Jul 2015, 4:00 am
§13-254 sets out a mechanism for a police officer retired on disability to be reexamined by the Medical Board with an eye toward returning to City employment, either at the pensioner's own request or by application of the Board of Trustees.The Appellate Division said that the Medical Board is the Corporation Counsel’s client and that such a communication falls well within his broad duty to "conduct all the law business of the city and its agencies,” rejecting… [read post]
25 May 2015, 6:00 am
Had been absent on “an unapproved absence” and made false statements regarding a separate purported approval of an absence.Characterizing the police officer’s offences as “serious” and noting that the Commissioner "is accountable to the public for the integrity of the Department," the Appellate Division said that the penalty of termination “does not shock our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The decision is… [read post]
9 Feb 2023, 5:00 am
In the case of Pusateri v. [read post]
