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2 Dec 2021, 7:00 am
Individual substantially prevailing in challenging a denial to access to certain public records sought pursuant to the New York State Freedom of Information Law awarded counsel fees and litigation costs Contrary to Supreme Court's finding, the Appellate Division held that the fact that the disclosure under certain demands that stemmed from a mutual accord between the parties does not change the analysis, as "the voluntariness of an agency's disclosure after the commencement of a CPLR… [read post]
3 Jul 2024, 12:32 pm
Applicant for Workers' Compensation benefits continued to work on restricted duty as a union representative in an administrative capacity until he opted to take a normal service retirement effective May 14, 2020 claimed he had involuntary retired as a result of the back injuries he sustained in 2009. [read post]
15 May 2024, 6:00 am
Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 9, 2024CV-23-1778[*1]Andrew M. [read post]
22 Aug 2017, 1:10 pm
.: JJ. [read post]
2 Dec 2021, 7:00 am
Individual substantially prevailing in challenging a denial to access to certain public records sought pursuant to the New York State Freedom of Information Law awarded counsel fees and litigation costs Contrary to Supreme Court's finding, the Appellate Division held that the fact that the disclosure under certain demands that stemmed from a mutual accord between the parties does not change the analysis, as "the voluntariness of an agency's disclosure after the commencement of a CPLR… [read post]
14 May 2016, 3:00 am
., Andrias, Saxe, Moskowitz, Kahn, JJ. 718 100383/14 In re Leslie Taylor, Petitioner-Appellant, vCity of New York, et al., Respondents-Respondents. [read post]
23 Jul 2014, 11:50 pm
Circuit (Rogers, Pillard and Wilkins, JJ.).There are eleven plaintiffs in these two cases. [read post]
24 May 2022, 6:07 am
As part of the reordering of our Home Page, we have indexed the posts on L&RUK assisted dying which we have covered since 2012. [read post]
10 Nov 2020, 8:07 am
Business closure is listed under sub-section (jj): the individual’s place of employment is closed as a direct result of the COVID–19 public health emergency[.] [read post]
25 Jan 2022, 2:46 pm
(Lemare Lake Logging, Abella and Gascon JJ., for the majority, para. 23) (For a detailed analysis of Lemare Lake Logging, see John Mastrangelo here; see also his blog on Moloney here.) [read post]
5 Feb 2007, 7:46 pm
By Professor John F. [read post]
5 Nov 2011, 11:46 am
Shingal, JJ. [read post]
11 Nov 2024, 9:00 am
("JJ") Janis John T. [read post]
22 Feb 2009, 12:01 pm
Barnes and Phipps, JJ., concur. [read post]
26 Nov 2024, 9:00 am
("JJ") Janis John T. [read post]
12 Sep 2024, 9:00 am
("JJ") Janis John T. [read post]
5 Dec 2017, 4:32 pm
Those present included serving QB judges Dingemans, Jay, Julian Knowles and Nicklin JJ as well as Senior Master Fontaine and other masters, retired Jury List judges Sir David Eady and Sir Michael Tugendhat, and representatives of QB Listing and the MoJ. [read post]
11 Dec 2024, 9:00 am
("JJ") Janis John T. [read post]
18 Dec 2012, 5:30 am
In dissent, Justices LeBel and Fish JJ. pointed out several factors that clearly warranted exclusion: Warrantless searches are presumed to be unreasonable; A failure of the judge to determine whether reasonable grounds existed for a search for weapons; A lack of evidence that there was any reasonable or subjective belief for officer safety or safety of others; The serious violation of the accused’s rights; The ignorance and/or disregard for well? [read post]
12 May 2012, 4:51 am
This argument was given short shrift by Lord Neuberger who said that, in his opinion, it was wrong [73] and was not supported by the Strasbourg jurisprudence [74] Lord Neuberger’s conclusions were as follows: i) Much of the information on the voicemail messages of the claimants which have been intercepted by Mr Mulcaire is likely to have been ‘commercial information or other intellectual property’ within section 72(5); ii) Although some of the information was not… [read post]
