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NY Appellate Court Finds Application of Watershed Regulations to Subdivision Application Did Not Constitute a Taking
3 Feb 2017, 3:07 pm by Patricia Salkin
State, 43 N.Y.S.3d 103 (2 Dept. 2016)Filed under: Current Caselaw - New York, Subdivision Regulation, Takings, Uncategorized [read post]
Law of the Land - http://lawoftheland.wordpress.com/
NY Appellate Court Upholds Denial of Variances for Accessory Structure
4 Mar 2015, 9:35 pm by Patricia Salkin
A.D. 2 Dept. 1/28/2015) The opinion can be accessed at: http://www.courts.state.ny.us/reporter/3dseries/2015/2015_00773.htm Filed under: Current Caselaw - New York, Variances [read post]
Law of the Land - http://lawoftheland.wordpress.com/
NY Appellate Court Rules that Frontage Variance was an Area Variance, Not a Use Variance
30 Jan 2019, 8:53 am by Patricia Salkin
  Route 17k Real Estate, LLC v Zoning Board of Appeals of the Town of Newburgh, 2019 WL 362126 (NYAD 2 Dept. 1/30/2019). [read post]
Law of the Land - http://lawoftheland.wordpress.com/
A Conflict Perhaps; Judiciary Law 487 Violation, No
10 Apr 2024, 4:52 am by Andrew Lavoott Bluestone
Preferred Prescription, Inc. v Health Mgt., 252 AD2d 414,416 [1st Dept 1998]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Appellate Division Second Department Declines to Defer to NYSDOL Opinion Letter and Rules That Home Healthcare Attendants May Be Entitled to Wages for Hours Worked In Excess of 13 Hours a Day
22 Sep 2017, 8:23 am by Michael F. McGahan
(NYS St. [read post]
Health Employment And Labor - http://www.healthemploymentandlabor.com/
Appellate Division Second Department Declines to Defer to NYSDOL Opinion Letter and Rules That Home Healthcare Attendants May Be Entitled to Wages for Hours Worked in Excess of 13 Hours a Day
22 Sep 2017, 8:23 am by Michael F. McGahan
(NYS St. [read post]
Health Employment And Labor - http://www.healthemploymentandlabor.com/
Father May Not Know Best: Appeals Court Grants Injunction in Son's Bid to Establish Majority Ownership of LLC
17 Oct 2011, 3:00 am by Peter A. Mahler
 Reichman, 2011 NY Slip Op 07023 (2d Dept Oct. 4, 2011). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
After Many Battles, a 90-Day Notice Ends a Legal Malpractice Counterclaim
19 Jul 2021, 5:31 am by Andrew Lavoott Bluestone
Hosp., 227 AD2d 465, 466 [2d Dept 1996]; Chemicraft Corp. v Honeywell Protection Servs., 161 AD2d 250, 250 [1st Dept 1990]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
The quality assurance privilege.
8 Jun 2012, 12:48 am by John Diekman
Brunswick Nursing Home, Inc., NY Slip Op 04124 (2d Dept. 2012).Here is the decision.Monday’s issue: Labor Law claims for falling at the construction site. [read post]
New York Law Notes - http://drdiekman.podbean.com
Carvalho and Questions to a Party Witness
14 Sep 2010, 2:49 am by Andrew Lavoott Bluestone
Corp., 49 AD2d 234 [2d Dept 1975]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Supervisor's comments concerning an employee's job performance protected by a qualified privilege absent a showing of malice
13 Mar 2009, 4:10 am
The Appellate Division said that Bayer failed to do so.In any event, said the court, Bayer "failed to raise a triable issue of fact as to whether Piro's conduct was so extreme, outrageous, and beyond the bounds of human decency as to constitute the tort of intentional infliction of emotional distress, citing Schell v Nassau County Dept. of Health, 237 AD2d 423.The full text of the decision is posted on the Internet at:[www.courts.state.ny.us]* As a general rule, public… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Court Rules that DME Provider's Illegal Billing Is Excused by No-Fault Insurer's Untimely Denial
11 Jan 2009, 11:58 pm
Gen Counsel NY Ins. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
NY Appellate Court Affirms Finding that ZBA’s Denial of Area Variances was Irrational, and Arbitrary and Capricious
16 Jul 2015, 10:09 pm by Patricia Salkin
While the City of Glen Cove Zoning Board of Appeals rationally concluded that the requested variances were substantial, there was no evidence before the ZBA to show that the granting of the variances would have an undesirable effect on the character of the neighborhood, adversely impact physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
NY Appellate Court Finds Zoning Board Did Not Act Illegally When Granting Area Variances
11 Mar 2021, 7:30 am by Patricia Salkin
Capetola v Town of Riverhead, 2021 WL 9000930 (NYAD 2 Dept 3/10/2021) [read post]
Law of the Land - http://lawoftheland.wordpress.com/
The statute of limitations for an Article 78 action begins to run once the administrative agency's final position concerning the issue becomes “readily ascertainable”
16 Dec 2015, 4:00 am by The Public Employment Law Press
Plan, 2015 NY Slip Op 08676, Appellate Division, Third Department[See, also, Roslyn Teachers Assn. v New York State Health Ins. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
LET'S TALK HYDROFRACKING
21 Oct 2011, 1:00 pm by Lucas A. Ferrara, Esq.
    The forum will be filmed and we will send your comments to the NYS Dept. of Environmental Conservation (DEC)! [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
Not Legal Malpractice, Not Good Practice Either
24 Jan 2019, 4:46 am by Andrew Lavoott Bluestone
Realty Assoc., 63 NY2d 396, 403 [1984]; Comprehensive Health Solutions v Trustco Bank, Natl. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Slip and fall due to the employee's wet shoes held an accident for the purposes of qualifying for accidental disability retirement benefits
20 Feb 2009, 4:15 am
*The Appellate Division, citing Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Regulating discovery.
29 May 2012, 12:40 am by John Diekman
Quinones, NY Slip Op 03888 (1st Dept. 2012).Here is the decision. [read post]
New York Law Notes - http://drdiekman.podbean.com
Late notice of claim.
5 Dec 2011, 12:07 am by John Diekman
Westchester County Health Care Corp., NY Slip Op 08155 (2d Dept. 2011).Here is the decision.Tomorrow’s issue: Legal malpractice. [read post]
New York Law Notes - http://drdiekman.podbean.com