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31 Jul 2023, 6:59 am by Public Employment Law Press
I’m grateful to the Social Security Administration Office of Inspector General for their partnership in seeing that justice was served. [read post]
6 Apr 2021, 4:00 am by Public Employment Law Press
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged individual] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
6 Apr 2021, 4:00 am by Public Employment Law Press
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged individual] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
22 Jul 2012, 8:27 pm
NY Probate Lawyers said this amount will come from the elective share of the spouse. [read post]
8 Jun 2010, 11:17 am
., 2010 NY Slip Op 04667, decided on June 3, 2010, Appellate Division, Third Department [5 proceedings]Brett A. [read post]
10 Jul 2006, 5:21 am
The Appellate Division affirmed and The Salvation Army appealed.The Court of Appeals of New York, the state's highest court, reverses. [read post]
12 Apr 2017, 7:00 am by The Public Employment Law Press
Circumstantial evidence "raised a reasonable inference" that employee had violated of New York City Charter §2604(b)(2) Oberman v New York City Conflicts of Interest Board, 2017 NY Slip Op 02366, Appellate Division, First DepartmentThe New York City Conflicts of Interest Board, adopting the findings and recommendation as to the penalty to be imposed of an Office of Administrative Trials and Hearings' [OATH] Administrative Law Judge, held that Igor… [read post]
25 Jun 2018, 4:00 am by Public Employment Law Press
Further, in Weill v New York City Dept. of Educ., 61 AD3d 407, the decision notes that the administrative body, rather than its attorney, must indicate the basis for its administrative action or decision. [read post]
6 Nov 2010, 5:54 am
Ultimately the Court of Appeals considered the matter in terms of a court's authority to overturn or modify an administrative disciplinary decision or a disciplinary penalty imposed on a worker [Kelly v Safir, 96 N.Y.2d 32].The Court of Appeals, ruled:1. [read post]
5 Jun 2009, 4:23 am
" In this instance, said the court, DOE's decision on the whole, suggests that it was based primarily, if not entirely, on El's criminal history, with little consideration of the other evidence and statutory factors.Accordingly, the Court held that DOE's decision denying El's substitute teacher application "is arbitrary and capricious and must be annulled. [read post]
21 Apr 2012, 3:52 pm
On January 21, 2005, the court requested that an attorney from the Administration for Children’s Services be present. [read post]
10 Jul 2009, 4:49 am
., 2009 NY Slip Op 05746, decided on July 7, 2009, Appellate Division, Second DepartmentLincoln Jattan, sued Queens College of the City University of New York to recover damages for employment discrimination in violation of the New York State Human Rights Law [Executive Law § 297[9] and the federal Civil Rights Law [42 USC §1983 ]. [read post]
7 Apr 2020, 4:00 am by Public Employment Law Press
"**Further, said the Appellate Division, Attorney "never sought the consent of the Town Clerk to withdraw or cancel the resignation," agreeing with the Supreme Court's decision to dismiss the proceeding based on Attorney's failure to exhaust his administrative remedies. [read post]
7 Apr 2020, 4:00 am by Public Employment Law Press
"**Further, said the Appellate Division, Attorney "never sought the consent of the Town Clerk to withdraw or cancel the resignation," agreeing with the Supreme Court's decision to dismiss the proceeding based on Attorney's failure to exhaust his administrative remedies. [read post]
14 Sep 2023, 8:16 am
The party would therefore need to secure her buy-in, perhaps through the promise of a Supreme Court nomination or some other coveted post.... [read post]
25 May 2015, 6:00 am by The Public Employment Law Press
Substantial evidence of guilt of “serious” offences supports imposing the penalty of dismissal from employment2015 NY Slip Op 04252, Appellate Division, First DepartmentThe New York City Police Commissioner dismissed a New York City police officer from his position following an administrative disciplinary hearing. [read post]
21 Nov 2013, 4:00 am by The Public Employment Law Press
., 2013 NY Slip Op 07362, Appellate Division, Fourth DepartmentThe Monroe County Deputy Sheriff's Association, Inc. [read post]
2 Nov 2018, 4:00 am by Public Employment Law Press
., 2018 NY Slip Op 02129, Appellate Division, First DepartmentPlaintiff in this action retired from his position with the Long Island Rail Road, an MTA subsidiary, at age 63.49. [read post]