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16 May 2017, 5:30 am
[NY Times] * What to know about the Supreme Court's latest arbitration decision. [read post]
15 May 2017, 8:00 am
"Although the court observed that "[A] determination made by an administrative agency must first be challenged through every available administrative remedy before it can be raised in a court of law," it said that this rule does not apply where [1] "an administrative challenge would be futile" or [2] where "the issue to be determined is purely a question of law. [read post]
12 May 2017, 5:00 am
The appointing authority appealed the Supreme Court's ruling.Applying the Pell Doctrine, the Appellate Division said that "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law. [read post]
11 May 2017, 4:27 am
Copyright © 2007-2017 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
9 May 2017, 6:42 am
Highway Traffic Safety Administration (NHTSA) after examining the results of decades of studies that began in the 1970s. [read post]
8 May 2017, 5:00 am
Retired judges may not simultaneously drew both a full judicial salary and a full pension upon certification for further service as a Justice of the Supreme CourtLoehr v Administrative Bd. of the Cts. of the State of New York, 2017 NY Slip Op 03558, Court of AppealsThe Chief Administrative Judge signed an administrative notice declaring that the policy of the Administrative Board of the Courts of the State of New York [Board] henceforth… [read post]
6 May 2017, 8:45 pm
American Conference Institute (ACI) will be holding is 8th Annual Summit on Biosimilars on June 12-14, 2017 in New York, NY. [read post]
6 May 2017, 4:29 am
Copyright © 2007-2017 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
5 May 2017, 4:00 am
Copyright © 2007-2017 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
4 May 2017, 5:00 am
A quasi-legislative-type administrative determination is one having an impact "far beyond the immediate parties at the administrative stage. [read post]
4 May 2017, 5:00 am
A quasi-legislative-type administrative determination is one having an impact "far beyond the immediate parties at the administrative stage. [read post]
2 May 2017, 5:00 am
Hearsay testimony may be admitted in evidence in an administrative hearingDemas v City of New York, 2017 NY Slip Op 03267, Appellate Division, First DepartmentA coach [Coach] of a school basketball team filed an Article 78 petition challenging the unsatisfactory performance rating (U-Rating) he received for the 2012-2013 school year. [read post]
1 May 2017, 4:04 am
The courts and prosecutors response was usually a shrug and nah. [read post]
28 Apr 2017, 5:20 am
., 2017 NY Slip Op 03098, Appellate Division, Third DepartmentFigueroa v New York State Off. of Alcoholism and Substance Abuse Servs., 2017 NY Slip Op 03104, Appellate Division, Third DepartmentAs the Court of Appeals explained in Pell v Board of Education of Union Free School District No. 1 of Towns of Scarsdale and Mamaroneck, 34 NY2d 222, commonly referred to as the "Pell Doctrine," a court may "set aside a determination by an… [read post]
27 Apr 2017, 5:30 am
" In the course of the administrative hearing that followed, Petitioner presented evidence, in the words of the Appellate Division, "suggesting that he was not able to work at all. [read post]
25 Apr 2017, 4:00 am
"The court said that although Petitioner was a thirteen-year employee with no prior disciplinary history, and no charges had ever previously been filed against her, in light of the seriousness of the allegations made against her, the penalty of termination was not shocking to one's sense of fairness.The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_02513.htm_______________A Reasonable Penalty Under The Circumstances - a 618-page volume… [read post]
23 Apr 2017, 1:18 pm
Again, the Court held that there existed no special duty. [read post]
22 Apr 2017, 9:45 am
New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.state.ny.us, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 14th Floor, 110 State St., Albany, NY 12236.Department of Audit and Control auditors halt payment of suspicious 2016 tax refundsOn April 17, 2017, State Comptroller Thomas P. [read post]
18 Apr 2017, 1:00 pm
Contending that the administrative law judge (ALJ) that had presided at her Civil Service Law §75 disciplinary hearing did not have the authority and jurisdiction to conduct the hearing, Petitioner filed an Article 78 action with Supreme Court seeking to vacate the decision and have the court order the Department to reinstate her to her former position.Supreme Court granted the Department's motion to her to dismiss Petitioner's claim "for… [read post]
17 Apr 2017, 1:35 pm
District Court of the Southern District. [read post]
