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16 Aug 2010, 11:34 am
New York Department of Correctional Services announces examination for Correction OfficerSource: New York Department of Correctional Services - [Published by NYPPL as a public service].A statewide competitive Civil Service exam for the position of correction officer trainee will be held on October 16, 2010. [read post]
11 Aug 2010, 9:01 pm by Richard Montes
 The Second Department, however, reversed disagreeing with the First Department's decision in Cely. [read post]
9 Aug 2010, 10:33 am
For all actions commenced on or after August 10, 2005, the "Graves Amendment" provides vehicle renters and lessors with a statutory basis for dismissing vicarious liability claims in motor vehicle accident lawsuits. [read post]
9 Aug 2010, 4:07 am
Dismissal because of threatening behavior towards coworker held disqualifying misconduct for the purposes of receiving unemployment insurance benefitsMessado v City of New York, 2010 NY Slip Op 06343, Decided on August 5, 2010, Appellate Division, Third DepartmentBernard R. [read post]
6 Aug 2010, 2:35 pm by Stephen Bilkis
Contact the Office of Stephen Bilkis and Associates, where we can offer you guidance and a completely free consultation when you phone us at 1-800-NY-NY-LAW. [read post]
6 Aug 2010, 5:05 am
Employee’s resigning after refusing to comply with employer’s policy not always a “disqualifying event" for unemployment insurance purposesEmery v Memorial Sloan Kettering Cancer Ctr., 2010 NY Slip Op 06333, decided on August 5, 2010, Appellate Division, Third DepartmentJean M. [read post]
6 Aug 2010, 3:58 am by Andrew Lavoott Bluestone
Ginther v Rosenhoch ;2008 NY Slip Op 10292 ;;Appellate Division, Fourth Department   "One necessary element of such a cause of action is that, " but for the [defendants'] negligence, the plaintiff[] would have been successful in the underlying action' " (Oot v Arno, 275 AD2d 1023, 1023). [read post]
4 Aug 2010, 7:00 am by Lucas A. Ferrara, Esq.
  Governor Paterson signed the following bills into law:  A.629/S.2752: Requires full service for the sale of motor fuels to those disabled persons with temporary motor vehicle parking placards.A.915-A/S.5501: Relates to the administration of property tax assessments for certain orchards and vineyards.A.2642-C/S.7319-A: Relates to subscription expiration notice requirements for magazines.A3083E/S557C - Provides for greater protections to consumers in rental purchase… [read post]
3 Aug 2010, 5:45 am
Individual ineligible for unemployment insurance benefits if compensation exceeds the highest benefit rate applicable during relevant “effective days”Robinson v Commissioner of Labor, 2010 NY Slip Op 06272, decided on July 29, 2010, Appellate Division, Third DepartmentA claimant for unemployment insurance benefits is eligible to be paid for an accumulation of "effective days" of unemployment, provided that no effective days may be accumulated in any… [read post]
30 Jul 2010, 3:56 pm by JT
., 2010 NY Slip Op 51334(U)(App. [read post]
28 Jul 2010, 11:42 am
On July 9, 2010, the New York State Department of Labor (NYSDOL) filed a new and revised Notice of Emergency Adoption and Proposed Rule Making implementing the New York State Worker Adjustment and Retraining Notification (NY WARN) Act. [read post]
24 Jul 2010, 11:43 am by Stephen Bilkis
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. [read post]
21 Jul 2010, 4:05 am
Divorced retiree may enroll his or her new spouse for dependent coverage in the retiree’s health insurance plan as provided by the CBAGiblin v Village of Johnson City, 2010 NY Slip Op 06133, Decided on July 15, 2010, Appellate Division, Third DepartmentWhen William Giblin retired from his position with the Village of Johnson City, he continued his individual and dependent health insurance for himself and his then-wife pursuant to the terms of the relevant collective… [read post]
17 Jul 2010, 4:42 am by Anthony J. Vecchio
They shall have power to prevent crime, to pursue and apprehend offenders and to obtain legal evidence necessary to insure the conviction of such offenders in the courts. [read post]
16 Jul 2010, 4:01 am
Tests used by the courts in determining if a GML §50-e(5) petition seeking approval to file a late notice of claim should be granted Burkhardt v Lindsay, 2010 NY Slip Op 06087, decided on July 13, 2010, Appellate Division, Second DepartmentLinda Burkhardt was employed as a Senior Legislative Aide to the Presiding Officer of the Suffolk County Legislature. [read post]
12 Jul 2010, 5:31 am
In MODIFYING the order appealed from to reinstate both Peerless' complaint and defendants' counterclaims, the Third Department held that Peerless had raised a genuine issue of fact as to whether the landlord fulfilled his duty of providing a heating system to Peerless' insured that was "working and in good repair" in the first instance. [read post]
12 Jul 2010, 5:03 am
Socy. of U.S., 254 App Div 445, 447 [1938], lv denied 279 NY 810 [1938]). [read post]
8 Jul 2010, 3:24 am by Andrew Lavoott Bluestone
Co. v Russell ;  2010 NY Slip Op 05847 ;Decided on July 1, 2010 Appellate Division, Third Department  we see the majority opinion:   "An insurer is obligated to pay under SUM coverage if the bodily injury liability insurance limits of its insured's policy exceed those of the other policy, subject to the condition that "the limits of liability of all bodily injury liability bonds or insurance policies applicable at… [read post]
6 Jul 2010, 4:10 am
Court holds arbitrator’s misconstruing or disregarding the contract's plain meaning of no consequence as the determination was not irrationalMatter of Buffalo Council of Supervisors v Board of Educ. of City School Dist. of Buffalo, 2010 NY Slip Op 05898, Decided on July 2, 2010, Appellate Division, Fourth DepartmentBuffalo had earlier negotiated with the Council and other employee unions in an attempt to persuade the unions to accept a single health insurance carrier… [read post]