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26 Jun 2024, 6:00 am by Public Employment Law Press
The Comptroller is vested with the exclusive authority to resolve applications for retirement benefits and the "determination must be upheld if [the] interpretation of the controlling retirement statute is reasonable and the underlying factual findings are supported by substantial evidence" (Matter of Schwartz v McCall, 300 AD2d 887, 888 [3d Dept 2002] [internal citations omitted]; accord Matter of O'Brien v DiNapoli, 116 AD3d 1124, 1125 [3d Dept 2014]). [read post]
26 Jun 2024, 6:00 am by Public Employment Law Press
The Comptroller is vested with the exclusive authority to resolve applications for retirement benefits and the "determination must be upheld if [the] interpretation of the controlling retirement statute is reasonable and the underlying factual findings are supported by substantial evidence" (Matter of Schwartz v McCall, 300 AD2d 887, 888 [3d Dept 2002] [internal citations omitted]; accord Matter of O'Brien v DiNapoli, 116 AD3d 1124, 1125 [3d Dept 2014]). [read post]
26 Jun 2024, 5:30 am by Stephen Bilkis
The trial court decided that Rubio had not proven by a preponderance of the evidence that the defendant, presumably the New York State Department of Transportation or another managing body, had actual or constructive notice of the pothole that caused his accident. [read post]
26 Jun 2024, 5:23 am by Phil Dixon
According to the court, the State failed to present evidence of a comparable historical regulation imposing a similar burden on Second Amendment rights. [read post]
26 Jun 2024, 5:07 am by Rob Robinson
The criteria for rankings encompass evident legal ability, recognized client service, the caliber of the bench, commercial awareness, demonstration of diligence, and cost-effectiveness. [read post]
26 Jun 2024, 4:06 am by Beatrice Yahia
In the case brought by Ukraine’s government, the court found evidence of the unlawful persecution and detention of those who criticized Russia’s annexation of Crimea in 2014, as well as of the systemic repression of ethnic and religious minorities in the peninsula. [read post]
26 Jun 2024, 3:35 am by Hannah Yoder, FordHarrison
Company culture rests on how management handles situations like evident conflict between two employees. [read post]
26 Jun 2024, 3:32 am by Daniel M. Kowalski
Whether there is a single, isolated incident or a pattern of misconduct; and Evidence of reformation or rehabilitation. [read post]
26 Jun 2024, 3:04 am
Respondent submitted declarations, testimony, and exhibits, while Monster submitted no contradictory evidence. [read post]
26 Jun 2024, 3:00 am by Yosi Yahoudai
Although no research has been published on the topic yet, there is preliminary evidence that roots adapted to better collect nutrients with fungi may be more capable of sprouting a new tree after a forest fire, according to Smith. [read post]
26 Jun 2024, 2:51 am by admin
Alibi Evidence: Proof the defendant was elsewhere during the crime Self-Defense: Justification for actions taken Mistaken Identity: Questioning the accuracy of witness identification Lack of Intent: Arguing no criminal intent was present Insufficient Evidence: Challenging the adequacy of the prosecution’s evidence Procedural Errors: Highlighting errors in the investigation or arrest process Violation of Rights: Suppressing evidence obtained unlawfully Mental… [read post]
26 Jun 2024, 2:45 am by admin
This may involve presenting evidence of proper maintenance, lack of tampering attempts, and adherence to reporting protocols. [read post]
26 Jun 2024, 2:39 am by admin
Gather Evidence He collects evidence and information demonstrating the client’s strong ties to the community, minimal flight risk, and overall suitability for a personal recognizance bond. [read post]
26 Jun 2024, 2:32 am by admin
Moreover, compelling evidence will be presented to challenge the prosecution’s allegations and support the defendant’s innocence. [read post]
26 Jun 2024, 12:04 am by admin
Defense attorneys may present evidence of medical conditions that could have influenced the test results or caused false positives. [read post]
25 Jun 2024, 11:59 pm by admin
Lack of Evidence: Don’t assume a lack of evidence automatically results in dismissal; evidence must be challenged in court. [read post]
25 Jun 2024, 11:52 pm by admin
Role of a Child Abuse Defense Lawyer in Colorado Evidence Development: A criminal defense lawyer can gather and present evidence to demonstrate that, under the circumstances, the parent’s actions did not constitute criminal negligence. [read post]
25 Jun 2024, 11:44 pm by admin
Lack of Evidence for DUID Defense: Challenge the evidence of impairment due to drugs. [read post]
25 Jun 2024, 7:23 pm by Adam Klasfeld
She also limited investigators’ access to certain classified evidence as that review was underway. [read post]