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14 Aug 2023, 2:47 am by Andrew Lavoott Bluestone
” Nevertheless, this claim is enunciated by the Court in Allard v Gumenick 2023 NY Slip Op 32696(U) August 4, 2023 Supreme Court, New York CountyDocket Number: Index No. 158750/2022 Judge: Lisa S. [read post]
11 Mar 2008, 2:02 pm
In submitting any excerpts into evidence in court, only the print copy is permitted, as it is the only format that can be certified by the Secretary of State. [read post]
2 Apr 2015, 11:33 am by Stephen Bilkis
2011 NY Slip Op 21015 The People of the State of New York v. [read post]
11 Mar 2019, 4:00 am by Public Employment Law Press
When asked, NYCERS informed Plaintiff that the title of adjunct lecturer was a "non-eligible NYCERS title" and thus  his earnings while employed with CUNY were not included in the final average salary computation upon which the pension portion of his retirement allowance was based.The Appellate Division held that contrary to the determination of the Supreme Court, Plaintiff employment with CUNY was not "city-service," as defined by Administrative Code… [read post]
11 Mar 2019, 4:00 am by Public Employment Law Press
When asked, NYCERS informed Plaintiff that the title of adjunct lecturer was a "non-eligible NYCERS title" and thus  his earnings while employed with CUNY were not included in the final average salary computation upon which the pension portion of his retirement allowance was based.The Appellate Division held that contrary to the determination of the Supreme Court, Plaintiff employment with CUNY was not "city-service," as defined by Administrative Code… [read post]
20 Dec 2011, 1:59 am
Food and Drug Administration found the outbreak strain of Salmonella Enteritidis in pine nuts at the distributor's storage facilities. [read post]
7 Nov 2008, 12:15 pm
"The court then affirmed an order issued by Supreme Court Justice Alan Saks granting Abreu's motion for partial summary judgment on the issue of Quesada's liability for legal malpractice.The full text of the decision is posted on the Internet at:[www.courts.state.ny.us] [read post]
8 Jul 2013, 6:25 am
., 2013 NY Slip Op 51026(U), Supreme Court, Putnam County [Not selected for publications in the Official Reports] Tenure by estoppel, tenure by acquisition, tenure by default, tenure by inaction. [read post]
11 Jul 2012, 5:00 am
., 2012 NY Slip Op 05478, Appellate Division, First Department William Jacobsen alleged that he was wrongfully terminated from his position because of a disability in violation of the New York State Human Rights Law (Executive Law §296[1][a]) and the New York City Human Rights Law (Administrative Code of City of NY §8-107[1][a]). [read post]
14 Aug 2015, 4:00 am by The Public Employment Law Press
A court’s review of a decision of the Commissioner of Human Rights is not whether the court would have reached the same result but was the Commissioner's determination rational in light of the evidence presentedRensselaer County Sheriff's Dept. v New York State Div. of Human Rights, 2015 NY Slip Op 06551, Appellate Division, Third DepartmentIn this appeal to review a determination of the Commissioner of Human Rights [Commissioner] which, among other things,… [read post]
10 Nov 2010, 4:55 am
" Covert, in contrast, testified that she had neither made such an admission nor asked anyone to lie.This conflict in testimony, said the Appellate Division, was resolved against Covert by the Administrator and it will not substitute the court’s own credibility determinations for those of the Administrator,As for the determination of incompetence, the evidence established that despite Covert's position as the designee responsible for transfers, she was… [read post]
19 Apr 2012, 2:22 pm
If the courts in this city will not allow nor accept the comity rule to accept the probate of the will pending in a foreign court, there will be no reason for the same court to deny the petition based on the letters of administration. [read post]
30 Jun 2015, 1:11 pm by sgottlieb
— This commentary was broadcast on WAMC Northeast Report, June 30, 2015. [1] Linda Greenhouse, The Supreme Court’s Reality Check, NY Times blogs, June 25, 2015, http://www.nytimes.com/2015/06/26/opinion/the-roberts-courts-reality-check.html? [read post]
7 Jan 2013, 4:00 am
The Appellate Division said that Supreme Court “properly granted [the City’s] motion to dismiss the Association’s petition, rejecting the Association’s argument that the Fire Chief acted in excess of his authority as the appointing authority for City of Rochester Fire Department when he issued the challenged administrative order. [read post]
10 Jun 2009, 3:23 am
The Appellate Division dismissed his petition, noting that "in order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination. [read post]
4 Jun 2010, 9:56 am
Lebous [Not selected for publication in the Official Reports]The general guideline followed by court is considering an appeal from an administrative decision is that the court must confirm an administrative decision if there exists a rational basis for the determination, applying the standard set by the Court of Appeals in Pell v Board of Educ. of Union Free School Dist. [read post]