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13 Jan 2013, 8:23 am by Howard Friedman
LEXIS 2956 (ND NY, Jan. 8, 2013), a New York federal district court adopted a magistrate's recommendations (2012 U.S. [read post]
19 May 2013, 4:46 pm by Dan Kahn
 The New York Times reported that the Obama administration had urged Sen. [read post]
13 Nov 2016, 6:00 am by Howard Friedman
LEXIS 153846 (WD NY, Nov. 4, 2016), a New York federal district court granted summary judgment to a Muslim inmate, finding that his free exercise rights were infringed when he was wrongly removed from the Ramadan call out meal schedule. [read post]
30 Aug 2015, 8:00 am by Howard Friedman
LEXIS 114381 (WD WI, Aug. 28, 2015), a Wisconsin federal district court dismissed without prejudice for failure to exhaust administrative remedies a Native American inmate's request to have religious feasts at the conclusion religious ceremonies.In Bargo v. [read post]
22 Oct 2012, 8:56 pm by Rick St. Hilaire
 The coin collectors group also asserted that the government violated the Administrative Procedures Act (APA) and that it transgressed the First and Fifth Amendments of the U.S. [read post]
8 Jan 2024, 2:45 am by Andrew Lavoott Bluestone
., Inc. 2023 NY Slip Op 34435(U) December 14, 2023 Supreme Court, New York County Docket Number: Index No. 150283/2023Judge: Louis L. [read post]
11 Sep 2024, 5:46 am by Andrew Lavoott Bluestone
., PLLC 2024 NY Slip Op 33089(U) September 3, 2024 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. [read post]
11 Dec 2008, 12:15 pm
Supreme Court granted the County's motion for summary judgment and dismissed the action.In addressing the Association's appeal from the dismissal of its petition by Supreme Court, the Appellate Division ruled that "Having failed to avail themselves of the grievance procedures outlined under the very collective bargaining agreement on which they now rely for monetary relief, [Anderson and Waal Malefyt] and the Association failed to exhaust administrative… [read post]
10 Jun 2015, 11:30 am by The Public Employment Law Press
The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action2015 NY Slip Op 04356, Appellate Division, Third DepartmentDepartment of Taxation and Finance [Department] undertook a department-wide audit to identify employees who had overstated their job-related expense deductions on their personal income tax returns. [read post]
10 Jun 2015, 11:30 am by Public Employment Law Press
The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action2015 NY Slip Op 04356, Appellate Division, Third DepartmentDepartment of Taxation and Finance [Department] undertook a department-wide audit to identify employees who had overstated their job-related expense deductions on their personal income tax returns. [read post]
23 May 2020, 1:59 pm by Patricia Salkin
Specifically, the Court chastised the ZBA for summarily rejecting the evidence presented by petitioners at the administrative level: “While the ZBA is well within its mission to make credibility findings, its statement that there was no ‘actual evidence,’ (whatever ‘actual’ means) is not accurate, because it contradicts testimony by residents…, testimony that was no less authoritative than the [applicants’] unsubstantiated testimony. [read post]
15 Dec 2010, 4:16 am
Failure to serve notice of an appeal to the Commissioner of Education as set out in the Commissioner’s regulations a fatal procedural defectMatter of Blake v Mills, 2010 NY Slip Op 09057, Decided on December 9, 2010, Appellate Division, Third DepartmentShango Blake, a principal in the New York City School District, was charged with 14 counts of misconduct. [read post]
16 Sep 2008, 4:45 am
"In other cases courts have been more lenient of the appointing authority being involved in some aspect of the disciplinary process. [read post]
28 Jul 2010, 4:13 am
Courts have held that the internal disclosure of allegedly stigmatizing reasons for the discharge or demotion of an employee to the individual and, or, to agency administrators “having a right to know” does not constitute a public disclosure of such information and thus a name-clearing hearing" is not required because of such intra-agency communications.The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06218.htm [read post]
25 Jun 2010, 4:06 am
Supreme Court sustained the Town’s decision and the Appellate Division affirmed the lower court’s ruling.The Appellate Division explained that "[D]omicile means living in [a] locality with intent to make it a fixed and permanent home. [read post]
1 Oct 2009, 4:33 am
Caruso   2009 NY Slip Op 06739 Decided on September 29, 2009 ; Appellate Division, First Department ; (DeGrasse, J.) we see some of the nations biggest names. [read post]
27 Oct 2010, 4:15 am
., 2010 NY Slip Op 32963(U), October 15, 2010, Supreme Court, New York County. [read post]
5 Mar 2015, 7:05 pm by Kevin Sheerin
The court also found that there was substantial evidence in the record that respondent taxicab driver had a specific intent to overcharge riders. [read post]