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23 Apr 2010, 5:23 am
Employee has the burden of proof that the decision that he or she did not satisfactorily complete a probationary period was made in bad faithMatter of Davids v City of New York, 2010 NY Slip Op 03247, Decided on April 22, 2010, Appellate Division, First DepartmentJoseph Davids was demoted* from the rank of probationary captain to his permanent title of lieutenant Davids filed a petition pursuant to CPLR Article 78 in which he asked the court to annul the City’s action.The… [read post]
18 Mar 2014, 3:58 am by Andrew Trask
Last week, a trial court in the Eastern District of Missouri took a leap into that void in Henke v. [read post]
18 Mar 2014, 4:58 am by Andrew Trask
Last week, a trial court in the Eastern District of Missouri took a leap into that void in Henke v. [read post]
8 Nov 2010, 4:01 am
Retirement System has the burden of rebutting the statutory presumption set out in the so-called “Heart Bill,” RSSL §507-b(c)Matter of Rivera v DiNapoli, 2010 NY Slip Op 07852, Decided on November 4, 2010, Appellate Division, Third DepartmentAlthough typically an applicant for accidental disability retirement benefits or performance of duty disability benefits has the burden of proof with respect to showing that his or her disability resulted from the… [read post]
15 Nov 2010, 3:45 am
Employee has the burden of showing the abolishment of his or her position was not made in good faithBelvey v Tioga County, 257 AD2d 967 In January 1998 the Tioga County legislature abolished its position of Director of Data Processing and, implementing recommendations by both a private consultant and the Governor’s Task Force on Information Resource Management regarding future data processing needs for the county, created a new position -- Director, Division of Information… [read post]
2 Feb 2021, 6:30 am by Guest Blogger
For the Symposium on Mary Ziegler, Abortion and the Law in America: Roe v. [read post]
20 Dec 2017, 7:49 am by Hanlon Law, PA
One of the most important things that anyone charged with a Florida theft crime should know is that the burden is at all times on prosecutors to prove beyond a reasonable doubt that you committed the crime. [read post]