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28 Dec 2010, 3:41 pm
Employees also may make claims of retaliation in court, with similar remedies awarded. [read post]
7 Jun 2022, 6:56 am
Vullo, (NY App., June 2, 2022), a New York intermediate appellate court, in a case on remand from the U.S. [read post]
18 Nov 2010, 9:00 pm
Servs., 2010 NY Slip Op 20289, Decided on July 20, 2010, Supreme Court, New York County, Judge Alexander W. [read post]
26 Jul 2023, 7:36 am
The court rejected the petitioners’ argument that an administrative appeal would have been futile, deeming it speculative and unpreserved for review. [read post]
24 Jan 2019, 6:28 am
According to the complaint filed in Manhattan federal court by the Legal Aid Society and Disability Rights New York, the Empire State’s practices have “administratively” lengthened the terms for mentally disabled inmates who have finished out their sentences but may become homeless after they leave prison. [read post]
18 Sep 2015, 9:30 am
An individual is entitled to be represented by an attorney in an administrative hearing Matter of Odom (Commissioner of Labor), 2015 NY Slip Op 06861, Appellate Division, Third DepartmentOdom appealed a determination by the Unemployment Insurance Appeal Board, ultimately ruled, among other things, that Odom was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct.The Appellate Division reversed the Board’s determination… [read post]
20 Aug 2011, 8:00 am
Albert Feuer (Attorney, Forest Hills, NY) recently published his article entitled The Kennedy Supreme Court Giveth with Footnote 13, But Taketh with Footnote 10: The Department of Labor and Many Lower Courts Miss the Decision's Ultimate Meaning, 39 Compensation Planning... [read post]
28 Aug 2023, 6:35 am
Kadah v Kadah 2023 NY Slip Op 32889(U) August 18, 2023 Supreme Court, New York County Docket Number: Index No. 152026/2022 Judge: Richard Latin has an excellent discussion of how privity of contract, a general requirement in legal malpractice claims, can apply both individually and when the law firm is representing a person as an entity, in this case, as administrator of an estate. [read post]
15 May 2009, 1:31 pm
If folks want what amounts to national health insurance, they can do a whole lot better than tort litigation with its 33%+ contingent fee administrative costs.Anyway, we've been told by a source we consider unimpeachable that this monstrosity is up for a vote before the Consumer Protection Committee of the NY State Senate on Monday. [read post]
22 Jan 2010, 3:25 am
When you are up against a deadline, the prospect of a court clerk rejecting papers can not just be problematic, but fatal. [read post]
14 May 2011, 4:18 am
The doctrine of primary jurisdiction and the doctrine of the exhaustion of administrative remedies considered in determining the jurisdiction of the court Matter of Neumann v Wyandanch Union Free School Dist., 2011 NY Slip Op 03859, Appellate Division, Second Department Sally Neumann sued the Wyandanch Union Free School District for its alleged breach of her employment contract. [read post]
30 Aug 2019, 4:32 pm
” According to the court, given that the defect in the plaintiff’s action was in the identity of one of the parties – the decedent was named, rather than the administrator of his estate – the plaintiff was entitled to the extension provision of NY CPLR 205(a) with regard to the determination of the issue of timeliness. [read post]
23 Apr 2009, 4:15 am
Lack of a clear explanation of the administrative procedure requires the granting an administrative hearingMeadow* v NYC Dept. of Fin., Motor Vehicles, 2009 NY Slip Op 03048, Decided on April 21, 2009, Appellate Division, First DepartmentThe notice on the back of a New York City issued parking ticket indicated three ways "TO PLEAD NOT GUILTY' AND REQUEST A HEARING":1. adjudication by mail,2. on-line adjudication, or3. an in-person hearing at any hearing… [read post]
1 Nov 2006, 1:01 pm
Court records indicate that at least a dozen other women may have been involved. [read post]
3 Aug 2011, 3:38 am
Contacting a party in an administrative proceeding using his or her last known address NYS National Organization for Women v Pataki, CA2, 261 F.2d 156 Courts sometimes provide insights into administrative due process procedures in the course of considering a case that essentially focuses on a completely different issue. [read post]
9 Feb 2022, 5:00 am
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
9 Feb 2022, 5:00 am
The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. [read post]
14 May 2008, 2:27 pm
Article 78 proceedings are not brought in the Family Court, a low level civil court that does not have authority to review administrative rulings. [read post]
6 Jul 2012, 4:14 am
An administrative decision made in violation of lawful procedure, affected by an error of law, that is arbitrary and capricious or that is an abuse of discretion is fatally defective Malverne Volunteer Fire Dept. v New York State Off. of Fire Prevention & Control, 2012 NY Slip Op 05174, Appellate Division, Second Department The New York State Fallen Firefighters Memorial Appeals Committee denied a request to include former Malverne Volunteer Fire Department firefighter… [read post]
19 Jun 2012, 2:16 pm
In fact, courts have found a violation of Obstruction of Governmental Administration in the context of a Trespass, but not a Trespass alone. [read post]
