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23 Feb 2023, 6:00 am by Public Employment Law Press
In the Matter of New York Civil Liberties Union [CLU] v New York City Department of Correction [DOC], 2023 NY Slip Op 00930, the Appellate Division noted that the personal privacy exemption in Public Officers Law §87(2)*allows state agencies to protect sensitive matters "which are of little or no public interest, and which may include unsubstantiated allegations," citing Matter of New York Times Co. v City of New York Off. of the Mayor, 194… [read post]
1 May 2009, 7:00 am
New York's top judge, Jonathan Lippman (chief judge of the NY Court of Appeals) has announced the creation of a permanent task force to study wrongful convictions and how to minimize their occurrence. [read post]
16 May 2014, 6:22 am by Justin Angelo
Given that the CFPB collaborates with the DFS on numerous matters, we would expect the CFPB’s proposed rule to incorporate significant content from the DFS’ regulations. [read post]
25 Feb 2013, 8:36 am
Bath Volunteer Fire Department not a public agency for the purpose of contractor's paying prevailing wages pursuant to Labor Law §220* M.G.M. [read post]
2 Jun 2014, 4:00 am by The Public Employment Law Press
The Appellate Division also held that Petitioner's temporary reassignment to another position prior to his retirement resulted from earlier sustained charges of misconduct.*  §12-113, captioned “Protection of sources of information,” provides that the relevant information is to reported to the agency head, a deputy agency head or such other person designated by the head of the agency to receive a report by an employee of the agency… [read post]
20 Aug 2020, 11:21 pm by Scott McKeown
  Much like the agency’s earlier 101 Guidelines on Patent Subject Matter Eligibility, the AAPA Guidance is more a pronouncement of the agency’s independent view of the law as opposed to more traditional implementation guidance on regulatory practices or new CAFC/SCOTUS jurisprudence. [read post]
14 Feb 2014, 4:00 am by The Public Employment Law Press
Assoc. v State Div. of Human Rights, 45 NY2d 176 and other decisions.Quoting from Matter of Berenhaus v Ward, 70 NY2d 436, the Appellate Division explained that in the event there is conflicting evidence or different inferences may be drawn from the evidence, "the duty of weighing the evidence and making the choice rests solely upon the [administrative agency]. [read post]
9 Jun 2011, 4:00 am
., 2011 NY Slip Op 04254, Appellate Division, Second Department Deep Park granted Regina Moraitis tenure in the position of "computer teacher," effective August 31, 2003. [read post]
9 Jun 2011, 4:00 am
., 2011 NY Slip Op 04254, Appellate Division, Second Department Deep Park granted Regina Moraitis tenure in the position of "computer teacher," effective August 31, 2003. [read post]
25 Mar 2024, 6:00 am by Public Employment Law Press
Below is the decision of the Appellate Division in In the Matter of Portfolio Media, Inc., Appellant, v New York State Office of Court Administration, Respondent, 2024 NY Slip Op 01523, addressing an agency's partial denial of a request for records in accordance with the Freedom of Information Law   "Order, Supreme Court, New York County (Lisa S. [read post]
25 Mar 2024, 6:00 am by Public Employment Law Press
Below is the decision of the Appellate Division in In the Matter of Portfolio Media, Inc., Appellant, v New York State Office of Court Administration, Respondent, 2024 NY Slip Op 01523, addressing an agency's partial denial of a request for records in accordance with the Freedom of Information Law   "Order, Supreme Court, New York County (Lisa S. [read post]
1 Nov 2010, 4:10 am
Substantial evidence requires proof "so substantial that from it an inference of the existence of the fact found may be drawn reasonably”Matter of Lory v County of Wash., 2010 NY Slip Op 07657, Decided on October 28, 2010, Appellate Division, Third DepartmentWashington County Sheriff's Department charged Chad R. [read post]
31 Dec 2013, 4:00 am by The Public Employment Law Press
If a disinterested party could concluded the appointing authority had adjudged the matter in advance of hearing it, remanding the matter to a qualified and impartial individual is required2013 NY Slip Op 08575, Appellate Division, Third DepartmentA fire inspector [Inspector] employed by the Village also served as the president of its firefighters union. [read post]
2 Dec 2016, 8:00 am by The Public Employment Law Press
”The Appellate Division then ruled that “Under the circumstances presented here, the penalty of dismissal from the petitioner's employment with the school district was not so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion,” explaining "An 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… [read post]
25 Dec 2010, 9:45 am by Dan Farber
By a 50-43 margin, the public thinks that the environment matters more than economic growth. [read post]
22 Dec 2020, 3:56 pm by Jodi Stein and Jennifer Dickson*
  Needless to say, the Court did not adopt a plain language reading of the zoning text, and instead opted for deference to the BSA, the City agency charged with interpreting the complexity of the Zoning Resolution. [read post]