Search for: "Matter of A.D"
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15 Aug 2013, 8:32 am
As an initial matter, there was a wealth of evidence that Demaj knew that Sakaj did not intend to return to Italy, beginning within days of her removal of the children from Italy to Connecticut. [read post]
28 Oct 2011, 3:25 am
., 75 A.D.3d 718; 904 N.Y.S.2d 559; 2010, denied plaintiff's motion for summary judgment on his 2401(1) claim while granting defendants' cross motion dismissing the claim holding that plaintiff's own negligent conduct was, as a matter of law, the sole proximate cause of his injuries. [read post]
9 Mar 2020, 4:00 am
Auth., 120 AD3d 407.** The Appellate Division noted Solis v Department of Educ. of City of N.Y., 30 A.D.3d 532, in which that court found that termination unwarranted for petitioner with "otherwise unblemished 12-year record. [read post]
9 Mar 2020, 4:00 am
Auth., 120 AD3d 407.** The Appellate Division noted Solis v Department of Educ. of City of N.Y., 30 A.D.3d 532, in which that court found that termination unwarranted for petitioner with "otherwise unblemished 12-year record. [read post]
8 Apr 2010, 3:26 am
"Accordingly, said the court, and the Department agreed, it was necessary to remand the matter to the Department to determine if Vargo was entitled to back salary for any period of suspension without pay in excess of 30 days.The Appellate Division sustained the Commissioner's determination that Vargo was guilty of being the driver of a motor vehicle involved in "a hit-and-run" while off duty and that he used illegal drugs. [read post]
27 Apr 2020, 11:35 am
., 178 A.D.3d 466 (First Dep’t 2019), the court applied some basic principles concerning willful exaggeration under the Lien Law to an unusual set of facts. [read post]
31 Aug 2009, 4:03 am
Determining line-of-duty disabilityErtner v Chenango County, 280 A.D.2d 851In considering the standard to apply in determining line-of-duty disability for the purpose of demonstrating eligibility for Section 207-c benefits, in the Ertner case, the Appellate Division, Third Department said that:While it would be virtually impossible to enumerate each and every instance in which an employee would be entitled to General Municipal Law Section 207-c benefits as opposed to workers'… [read post]
22 Sep 2009, 4:01 am
Jurisdictional classificationGrosh v City of Troy, 246 A.D.2d 235The failure to properly process a request to jurisdictionally classify an otherwise classified service position in the exempt, noncompetitive or labor class means that the position continues to be a position in the competitive class.* This point is made clear by the Appellate Division in Grosh.Susan H. [read post]
23 Jul 2020, 4:00 am
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
25 Jun 2018, 4:00 am
Water Auth., 298 A.D.2d 932. [read post]
26 May 2015, 12:00 pm
Handa, 103 A.D.2d 794, 477 N.Y.S.2d 670, lv. denied 64 N.Y.2d 1040; Roy v. [read post]
23 Jul 2020, 4:00 am
As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066, “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard. [read post]
29 Jul 2010, 5:00 am
A.D. [read post]
17 Sep 2017, 9:01 pm
Fiedler, 230 A.D.2d 822, 823, 646 N.Y.S.2d 839, 841 (2nd Dept. 1996) [read post]
17 Sep 2017, 9:01 pm
Fiedler, 230 A.D.2d 822, 823, 646 N.Y.S.2d 839, 841 (2nd Dept. 1996) [read post]
30 Mar 2010, 11:45 pm
The New York appellate court in this matter recently affirmed the trial court's refusal to permit Phoenix Life Insurance Company from obtaining discovery of documents that would show a pattern of similar STOLI transactions, evidence which Phoenix contended would be probative of the parties' intent in the transaction at issue in the case. [read post]
2 Sep 2009, 4:00 am
" The matter was returned to Supreme Court for its further consideration, including "the entry of an appropriate declaration. [read post]
4 Sep 2011, 8:05 pm
Adams, 85 A.D.3d 1225 (3d Dept. 2011), the Appellate Division, Third Department, had to address issues related to interference with visitation which were raised by the father who brought a petition to modify existing custodial and residential arrangement. [read post]
20 May 2014, 9:01 pm
The matter was once again sent back to Supreme Court for calculations. [read post]
20 Jul 2010, 2:52 am
To further complicate matters, Braun was elected to the vacancy.Cusumano sued, seeking an order directing that the election result be set aside, claiming that the board had “improperly failed” to honor Braun’s attempt to decline his nomination. [read post]
