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Arons Authorizations: What They Can Say (in the Second Dept., anyway)
22 Jun 2009, 1:34 pm
Northern Westchester Hospital Center, NY Slip Op 04881 (2d Dept. 2009). [read post]
The New York Medical Malpractice Law Blog - http://www.thenewyorkmedicalmalpracticelawblog.com
In New York, to establish a prima facie case of negligence
29 Jan 2013, 3:22 pm
(Trbaci v AJS Construction Project Management, Inc, et al, 2009 NY Slip Op 50153U; 22 Misc3d 1116A [Supreme Court of New York, Kings County 2009). [read post]
Spinal Injury Lawyer Blog - http://www.spinalinjurylawyer24-7blog.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
What constitutes a public purpose is defined broadly and "encompasses any use which contributes to the health, safety, general welfare, convenience or prosperity of the community" (Matter of 225 Front St., Ltd. v City of Binghamton, 61 AD3d 1155, 1157 [3d Dept 2009] [internal quotation marks and citations omitted]; accord Matter of Johnson v Town of Caroga, 162 AD3d 1353, 1355 [3d Dept 2018]; see Matter of Court St. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
What constitutes a public purpose is defined broadly and "encompasses any use which contributes to the health, safety, general welfare, convenience or prosperity of the community" (Matter of 225 Front St., Ltd. v City of Binghamton, 61 AD3d 1155, 1157 [3d Dept 2009] [internal quotation marks and citations omitted]; accord Matter of Johnson v Town of Caroga, 162 AD3d 1353, 1355 [3d Dept 2018]; see Matter of Court St. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
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/
Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
She was further provided a full opportunity on multiple hearing dates to submit documentation substantiating her claims that she had been advised not to get the vaccine or that the vaccine would be detrimental to her health based upon her preexisting health conditions or medications. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for unemployment insurance benefits found to have provoked her discharge and thus deemed to have voluntarily left her employment without good cause and thus was ineligible for such benefits
21 Jun 2024, 6:00 am by Public Employment Law Press
She was further provided a full opportunity on multiple hearing dates to submit documentation substantiating her claims that she had been advised not to get the vaccine or that the vaccine would be detrimental to her health based upon her preexisting health conditions or medications. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.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/