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22 Sep 2021, 9:27 am by Joel R. Brandes
–––Jasmine D.], 165 A.D.3d 476, 85 N.Y.S.3d 430 [1st Dept. 2018]). [read post]
29 Aug 2021, 9:00 pm
Accordingly, the matter was remanded to the court below to determine an appropriate abatement to compensate the inconvenienced tenants. [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
A simple example: an individual appointed as a provisional or temporary employee in a position in the competitive class does not have the same employee statutory rights as those enjoyed by an individual holding a permanent appointment in the same competitive class title.[12] An individual’s statutory right to many benefits of employment such as eligibility to compete in a promotion examination for a higher grade position, his or her seniority in a layoff situation, and the right to… [read post]
15 Aug 2021, 9:30 pm by Public Employment Law Press
A simple example: an individual appointed as a provisional or temporary employee in a position in the competitive class does not have the same employee statutory rights as those enjoyed by an individual holding a permanent appointment in the same competitive class title.[12] An individual’s statutory right to many benefits of employment such as eligibility to compete in a promotion examination for a higher grade position, his or her seniority in a layoff situation, and the right to… [read post]
14 Jul 2021, 4:24 am by SHG
Heath, 214 A.D.2d 519, 520-21, 625 N.Y.S.2d 540, 541 (1995) (“The arresting officer’s testimony that he observed defendant exchanging a 2-inch glass vial with a dark top, from a distance of approximately 74 feet, from a moving patrol car, after dark, is, in our view, contrary to common experience and, as such, was incredible as a matter of law and did not support the verdict. [read post]
5 Jul 2021, 12:23 pm by Neil Cahn
McCoskery as mediator to assist them in resolving various matters attendant to their divorce. [read post]
28 Jun 2021, 9:45 am by Eugene Volokh
[The statute immunizes computer services for "action voluntarily taken in good faith to restrict ... availability of material that the provider ... considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"—but what exactly does that mean?] [read post]
9 Jun 2021, 5:02 am by Jeffrey Rachlinski
Psychologists have shown that all manner of numeric reference points influence numeric judgments, no matter how bizarre or fanciful. [read post]
3 Jun 2021, 11:37 am by Russell Knight
Sorokina, 40 A.D.3d 14, 830 N.Y.S.2d 399 (2007) “[U]nder federal law, neither a divorce judgment nor a premarital agreement may terminate an obligation of support. [read post]
18 May 2021, 5:56 am by Joel R. Brandes
The father moved to dismiss the petition for lack of subject matter jurisdiction. [read post]
15 May 2021, 7:26 pm by Stephen Bilkis
  Interested parties must be notified so that they can be heard on matters related to the process, including the appointment of the administrator. [read post]
23 Apr 2021, 10:07 am by Eugene Volokh
., 54 N.Y.2d 880, 883 [1981] [where the plaintiff's books, articles and personal appearances were designed to project his name and personality to establish his reputation as a leading authority on professional football, and actively sought publicity for his views and professional writings, which were the subject of the litigation]; Park v Capital Cities Communications, 181 A.D.2d 192, 197 [4th Dept 1992], appeal dismissed 80 N.Y.2d 1022 [1992], lv dismissed in part, denied in part 81… [read post]
6 Apr 2021, 8:15 pm by Smith Eibeler LLC
NA, LLC, 59 A.D.3d 97, 102 (1st Dept. 2008), aff’d as modified, 14 N.Y.3d 774 (2010), the Court applied a standards based test to the Employment Agreement. [read post]