Search for: "NY Administrative Court"
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6 May 2019, 11:49 am
In denying the OCC’s motion to dismiss, the court concluded not only that the NYDFS had established standing to sue and that its claims were ripe for decision, but also that the NYDFS had stated a claim under the Administrative Procedure Act (APA). [read post]
6 May 2019, 4:06 am
The Supreme Court granted the defendant’s motion, and the plaintiff appeals. [read post]
3 May 2019, 10:14 am
Assuming the Supreme Court means what it says in NIFLA and other recent decisions, how far are the Justices willing to go in undoing government regulation of speech? [read post]
3 May 2019, 10:13 am
EarthJustice Managing Attorney, Northeast Office, New York, NY. [read post]
1 May 2019, 7:00 am
A state court affirmed the order in Automatic Meter Reading Corp. v New York City (“AMRC”), 2019 NY Slip Op 50464(U) (N.Y. [read post]
30 Apr 2019, 12:25 pm
Vermont District Court. [read post]
22 Apr 2019, 7:02 pm
Administrative searches are also authorized for various types of inspections; however, these must be done pursuant to a warrant with relaxed probable cause standards, i.e., where “reasonable legislative or administrative standards for conducting an area inspection are satisfied with respect to a particular dwelling”. [read post]
19 Apr 2019, 5:59 am
Although the ICWA applies only to federally recognized tribes (see 25 USC ' 1903[8] ), and the Unkechaug did not appear to be so recognized, Social Services Law ' 39 and 18 NYCRR 431.18 (the New York ICWA) expand the federal definition to include recognition of A[a]ny Indian tribe designated as such by the state of New York@ (Social Services Law ' 39), and to include federally recognized tribes and tribes recognized by the State of New York or by any other state (see 18 NYCRR… [read post]
19 Apr 2019, 4:00 am
Ct., April 17, 2019), the court held that the education commissioner did not comply with the notice and comment requirements of the State Administrative Procedure Act in adopting the Guidelines. [read post]
17 Apr 2019, 3:46 am
Art. 31(3)(b) of the Vienna Convention requires taking into consideration “[a]ny subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation”. [read post]
12 Apr 2019, 5:00 am
Here, the applicable provision in the Homeland Security Act defines “terrorism” as [A]ny activity that (A) involves an act that (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government… [read post]
10 Apr 2019, 10:18 am
If the court makes such a determination, the court will release the individual under non-monetary conditions, using the least restrictive alternative to reasonably assure court attendance. [read post]
9 Apr 2019, 10:02 am
Business have been concerned that injured workers who are performing work and using medical marijuana may be impaired and suffer accidents.NJ workers' compensation courts have approved the use of medical marijuana for palliative care. [read post]
NY Trial Court Finds Unconstitutional Takings in Foreclosure Program Targeting Distressed Properties
8 Apr 2019, 7:15 pm
The court was highly skeptical of this result and concluded that “it [was] completely arbitrary and could not possibly have been the intent of Administrative Code § 11-405 (a), considering the dire ramifications of loss of the property without any recovery of surplus monies as would be obtained in a tax lien sale. [read post]
7 Apr 2019, 1:03 pm
” Allen v Powers, 2019 NY Slip Op 29104 (City Court Of Cohoes, Albany County 4/1/2019). [read post]
4 Apr 2019, 6:27 am
This result is consistent with the liberal aims of the FDUTPA and NY GBL. [read post]
3 Apr 2019, 2:08 pm
” Allen v Powers, 2019 NY Slip Op 29104 (City Court Of Cohoes, Albany County 4/1/2019). [read post]
2 Apr 2019, 11:46 am
One defines obstruction of justice as “imped[ing] the due administration of justice. [read post]
31 Mar 2019, 10:38 pm
Galasso involves a suit brought by the administrator of the estate of a deceased minority shareholder of a highway construction and paving materials business in upstate New York. [read post]
31 Mar 2019, 9:01 pm
Stern, of Goshen, NY, represented W2. [read post]
