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30 Mar 2016, 4:00 am
Relations, 2016 NY Slip Op 02280, Court of AppealsThomas Tierney was employed by the Office of Mental Health [OMH] as a Safety and Security Officer 2 [SSO2], a Salary Grade [SG] 15 position. [read post]
29 Mar 2016, 5:32 am
Estafanous challenged a determination of the New York City Environmental Control Board (“ECB”) confirming a determination of an administrative law judge (“ALJ”) that the petitioner violated Administrative Code of the City of New York § 28-201.1 by failing to comply with an order of the Commissioner of the respondent Department of Buildings of the City of New York (“DOB”) to obtain a permit for work performed on his property or to remove… [read post]
28 Mar 2016, 4:00 am
Courts have held that the internal disclosure of allegedly stigmatizing reasons for the discharge or demotion of an employee to the individual and, or, to agency administrators “having a right to know” does not constitute a public disclosure of such information and thus a name-clearing hearing" is not required because of such intra-agency communications. [read post]
26 Mar 2016, 6:05 am
Copyright © 2007-2016 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
25 Mar 2016, 4:00 am
§201.7[a], in pertinent part, states that “Employees may be designated as managerial only if they are persons (i) who formulate policy or (ii) who may reasonably be required on behalf of the public employer to assist directly in the preparation for and conduct of collective negotiations or to have a major role in the administration of agreements or in personnel administration provided that such role is not of a routine or clerical nature and requires the exercise of… [read post]
23 Mar 2016, 4:00 am
., 2016 NY Slip Op 01844, Appellate Division, Second DepartmentMichael Dolan, Sr., an elected member of the New Hyde Park Board of Fire Commissioners [Board], also served as a member of the New Hyde Park Fire Department [Department]. [read post]
22 Mar 2016, 4:00 am
The court explained that Wish had not been charged with violating that section and thus had no reasonable opportunity to respond to such a charge.In contrast, the court said that with respect to the remaining charges, substantial evidence in the form of testimony at the hearing, admissions and documentary evidence, including investigation reports, case transfer documents, lists, emails, and regional performance results, supported the administrative determination by… [read post]
21 Mar 2016, 4:00 am
Administrative determination annulled after being found to be arbitrary and capricious and in violation of the relevant regulationNiang v New York City Dept. of Educ., 2016 NY Slip Op 01770, Appellate Division, First DepartmentThe New York City Department of Education permanently revoked Babacar Niang’s certification to drive a school bus because he failed to submit to a drug test on the day on which he was involving in an accident. [read post]
17 Mar 2016, 9:07 pm
We call on the Obama Administration to heed the advice of neutral security experts, engineers, and even his own advisors who have affirmed the dangers inherent in the order issued to Apple. [read post]
11 Mar 2016, 7:55 am
Private law is attractive: property, contract, and tort—accepted and stable; low administrative costs; cheap to operate—something that patent is not (accepted and stable). [read post]
11 Mar 2016, 4:00 am
., 2016 NY Slip Op 01402, Appellate Division, First DepartmentCity Laborer Antonio Giardina was laid off from his position. [read post]
10 Mar 2016, 4:00 am
Troge then filed a CPLR Article 78 petition challenged the Commissioner’s determination.The Appellate Division said that the review of an administrative determination made after a hearing by a court is limited to considering whether the administrative determination was supported by substantial evidence. [read post]
9 Mar 2016, 11:30 am
Employee has the burden of proving alleged misconduct by the arbitrator prejudiced his or her rights or the integrity of the processCollazo v Suffolk County, 2016 NY Slip Op 01321, Appellate Division, Second DepartmentMaria Callazo initiated an Article 75 CPLR proceeding in Supreme Court seeking to vacate an arbitration award that recommended certain disciplinary action be taken against her with respect to her employment with the County. [read post]
9 Mar 2016, 6:58 am
Grace Karaffa Obermann, Lead Administrative Patent Judge. [read post]
9 Mar 2016, 5:01 am
” Copyright © 2007-2016 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
9 Mar 2016, 4:00 am
The Town, a self-insured employer for the purposes of Workers’ Compensation, and its third-party administrator [collectively “the Town”] controverted the claim for benefits filed by Granville. [read post]
8 Mar 2016, 4:00 am
Cutler appealed the Supreme Court’s action but the Appellate Division affirmed the lower court’s rulings. [read post]
6 Mar 2016, 2:51 pm
“Tool Without a Handle”: Tools for Terror; Tools for Peace This blog has addressed principles and challenges in countering odious online content – both content which transgresses the law and content which, while odious, is nonetheless protected free expression.[1] In particular, I’ve touched on regulation of such content, noting principled distinctions between regulation of protected speech and regulation of justifiably restricted content that is illegal even… [read post]
6 Mar 2016, 8:29 am
LEXIS 27281 (WD NC, March 3, 2016), a North Carolina federal district court dismissed without prejudice for failure to exhaust administrative remedies a suit by a Native American inmate complaining that his "Indian prayer" materials were confiscated. [read post]
6 Mar 2016, 4:18 am
Von Raab, 489 US. 656 (1989), administrative inspection of closely regulated businesses, New York v. [read post]
