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27 Jul 2017, 3:56 pm
First, the Court rejected Plaintiffs’ class definition, “[a]ny and all black/African-American employees who applied for an AP Pool position in the four years preceding this action but who were denied such a position by Defendant,” as being improperly vague and ambiguous. [read post]
26 Jul 2017, 5:00 am
(PA is .16%, NY is .18%, MD and DE each has one tier of .08%.) [read post]
25 Jul 2017, 4:00 am
" In City of New York v Uniformed Fire Officers Assn., Local 854, IAFF, AFL-CIO, 95 NY2d 273, the Court of Appeals held that "the subject matter of the dispute controls the analysis" and "a pending administrative proceeding concerning [a] respondent's alleged improper practices does not preclude arbitration inasmuch as there is no indication that the 'particular subject matter of the dispute' is not authorized,' i.e., not "lawfully fit… [read post]
24 Jul 2017, 6:30 am
LEXIS 5709 (NY App, July 20, 2017), a New York state appeals court held that a Muslim inmate's free exercise claim growing out of a pat frisk by a female corrections officer cannot be asserted in the state Court of Claims.In Potts v. [read post]
21 Jul 2017, 4:00 am
Judicial review of a determination arrived at following a quasi-judicial hearing is typically limited to determining if the decision is supported by substantial evidence2017 NY Slip Op 05608, Appellate Division, Second DepartmentIn this decision the Appellate Division sets out the basic rules followed by the courts when reviewing an administrative determination arrived at following a quasi-judicial hearing by an appointing authority or its designee. [read post]
20 Jul 2017, 6:00 am
"Accordingly, said the court, the District had properly determined that Petitioner was not entitled to count the period of time she had been employed by it prior to her 2005 resignation "for the purpose of [§2510] seniority" and, reversing the Supreme Court's decision, reinstated the District's initial determination regarding Petitioner seniority for the purposes of her reinstatement from the preferred list.The decision is posted on the Internet… [read post]
17 Jul 2017, 4:00 am
., 2017 NY Slip Op 05547, Appellate Division, Fourth DepartmentKim A. [read post]
16 Jul 2017, 4:58 am
So the courts are out. [read post]
13 Jul 2017, 7:24 am
The case was organized by Protect Democracy, a government watchdog group run by former Obama administration lawyers. [read post]
10 Jul 2017, 5:34 am
Copyright © 2007-2017 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
9 Jul 2017, 8:43 am
LEXIS 102438 (ND CA, June 30, 2017), a California federal court dismissed claims of ten of the 11 plaintiffs for failure to exhaust administrative remedies. [read post]
7 Jul 2017, 7:00 am
Unlawful discrimination complaint sustained notwithstanding respondent's failing to appear at the administrative hearing conducted by the NYS Division of Human RightsNew York State Div. of Human Rights v Milan Maintenance, Inc., 2017 NY Slip Op 05508, Appellate Division, First DepartmentThe Appellate Division unanimously sustained the New York State Division of Human Rights' (DHR) determination holding that Milan Maintenance, Inc., [Milan] had unlawfully… [read post]
7 Jul 2017, 4:00 am
Hearsay may constitute "substantial evidence" supporting the tribunal's findings in an administrative hearing2017 NY Slip Op 05147, Appellate Division, Third DepartmentAn employee [Employee] at a residential facility operated by the Office of People with Developmental Disabilities [OPWDD] was alleged to have physically abused a resident.An investigator conducted interviews of several witnesses and found the report of physical abuse to be substantiated. [read post]
30 Jun 2017, 10:00 pm
This was one of the product photos posted by FDA with a recall notice from The Smokehouse of NY in April this year. [read post]
30 Jun 2017, 4:01 pm
That legislation, codified in section 18–118 of the Administrative Code of the City of New York, was titled: “Renting of stadium in Flushing Meadow Park; exemption from down payment requirements. [read post]
30 Jun 2017, 5:00 am
Supreme Court temporarily lifted legal blocks on President Trump’s travel (Muslim) ban, subject to certain exceptions, including for people with “bona fide relationships” in the United States. [read post]
29 Jun 2017, 9:30 pm
” The United States Court of Appeals for the Fourth Circuit held that, under two provisions of the Clean Air Act (CAA), federal courts do not have “authority” to examine EPA’s “management of its continuous duty to evaluate the potential employment impact of CAA administration and enforcement. [read post]
29 Jun 2017, 7:30 am
"*As to the penalty imposed, dismissal, the court, quoting from Kelly, 96 NY2d at 38, concluded that the penalty of termination is not shocking to one's sense of fairness noting that "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law . . . [read post]
28 Jun 2017, 12:17 am
Food Safety News reports that Federal officials are seeking a court order to stop a smoked fish operation from selling food because of repeated Listeria problems at its Westchester County, NY, facility. [read post]
28 Jun 2017, 12:17 am
Food Safety News reports that Federal officials are seeking a court order to stop a smoked fish operation from selling food because of repeated Listeria problems at its Westchester County, NY, facility. [read post]
