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3 Aug 2018, 4:00 am by Public Employment Law Press
"4 The Court explained that “It is well established that "an arbitrator has broad discretion to determine a dispute and fix a remedy and that any contractual limitation on that discretion must be contained, either explicitly or incorporated by reference, in the arbitration clause itself'," citing Matter of State of New York [Dept. of Correctional Servs. [read post]
30 Jul 2018, 5:29 pm by Patricia Salkin
Hargraves v City of Rye Zoning Board of Appeals, 2018 WL 3131519 (NYAD 2 Dept. 6/27/2018) [read post]
19 Jul 2018, 4:00 am by Public Employment Law Press
Separation of PowersGarcia v New York City Dept. of Health & Mental Hygiene, 2018 NY Slip Op 04778, Court of AppealsAmong the issues addressed by the Court of Appeals in this action was an alleged violation of the doctrine of Separation of Powers.In response to the Appellate Division's holding that the adoption of certain administrative rules violated the separation of powers doctrine, New York City argued that the legislature has properly delegated to New York… [read post]
16 Jul 2018, 2:58 am by Peter Mahler
If you answered slim or none, you’d be right in the case of Gourary v Laster, 2016 NY Slip Op 04287 [1st Dept June 12, 2018], where the absence of testimony by the two deceased principals and the deceased lawyer for one of them doomed a lawsuit by the executor of the estate of an enfeebled 50% shareholder who, about six months before he died, sold for $5.75 million his 50% stake in a realty holding company to the other 50% shareholder’s… [read post]
19 Jun 2018, 6:30 am by Second Circuit Civil Rights Blog
Notably, there is no evidence in the record that the accommodation cost defendant any money at all, or otherwise represented any sort of undue hardship on defendant as that term is defined in the statute (see Administrative Code of City of NY § 8-102[18][a]-[d]; Jacobsen v New York City Health & Hosps. [read post]
16 May 2018, 4:38 am by Andrew Lavoott Bluestone
Pension Fund v Rell, 137 AD3d 680, 681 p’1 Dept 2016). [read post]
3 May 2018, 3:00 am by Public Employment Law Press
Correspondence exchanged between public officers and agencies and private consultants are within the ambit of the Freedom of Information LawRauh v de Blasio, 2018 NY Slip Op 03115, Appellate Division, First DepartmentThe editor of NYPPL has consistently opined that:1. [read post]
24 Feb 2018, 2:15 am by Jeremy Saland
Khan, 82 AD3d 44 (1st Dept. 2011), the District Attorney secured a conviction for numerous crimes including Health Care Fraud in the Fourth Degree, PL 177.10, where Medicaid claims misidentified the recipient of medications. [read post]
24 Feb 2018, 2:15 am by Jeremy Saland
Khan, 82 AD3d 44 (1st Dept. 2011), the District Attorney secured a conviction for numerous crimes including Health Care Fraud in the Fourth Degree, PL 177.10, where Medicaid claims misidentified the recipient of medications. [read post]
13 Feb 2018, 4:16 am by Andrew Lavoott Bluestone
Health & Welfare, Annuity & Pension Funds v D’Arcangelo & Co., LLP, 124 AD3d 1358, 1360 [4th Dept 2015]; Dischiavi v Calli [appeal No. 2], 68 AD3d 1691, 1693 [4th Dept 2009]; TVGA Eng’g, Surveying, P.C. v Gallick [appeal No. 2], 45 AD3d 1252, 1256 [4th Dept 2007]). [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
"2 The Court explained that “It is well established that "an arbitrator has broad discretion to determine a dispute and fix a remedy and that any contractual limitation on that discretion must be contained, either explicitly or incorporated by reference, in the arbitration clause itself'," citing Matter of State of New York [Dept. of Correctional Servs. [read post]
15 Nov 2017, 4:09 am by Andrew Lavoott Bluestone
The statute provides that the court may award attorneys’ fees to the prevailing party “in exceptional cases” (see Octane Fitness, LLC v Icon Health & Fitness, Inc., __ US __, __, 134 S Ct 1749, 1756 [2014]). [read post]