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3 Mar 2016, 4:00 am
Determining if an administrative agency's decision is arbitrary and capriciousMuhammad v Zucker, 2016 NY Slip Op 01446, Appellate Division, First DepartmentDr. [read post]
1 Mar 2016, 4:00 am
Unless an administrative agency explains why it is deviating from its past decisions in making its ruling, courts take a dim view of departures from its precedentZaremski v New Visions, 2016 NY Slip Op 01220, Appellate Division, Third DepartmentIn Zaremski, the Appellate Division reminded the Workers’ Compensation Board that a decision of the Board would be deemed arbitrary "if it departs from prior Board precedent and fails to explain the reasons for its… [read post]
29 Feb 2016, 4:00 am
These assertions, said the court, “presented a credibility issue that the Board could properly choose to credit. [read post]
26 Feb 2016, 3:10 pm
Most recently he served as the First Deputy County Attorney for the Family Court Unit at the Schenectady County Attorney’s Office. [read post]
23 Feb 2016, 2:00 am
Conceding that Tamsen presented “evidence to the contrary,” the court explained that a hearing officer is entitled to weigh the parties' conflicting evidence and to assess the credibility of witnesses and courts may not weigh the evidence or reject a hearing officer’s decision in that regard “where the evidence is conflicting and room for a choice exists. [read post]
22 Feb 2016, 4:00 am
NYS Pub. [read post]
21 Feb 2016, 1:42 pm
LEXIS 20500 (ND NY, Feb. 17, 2016), a New York federal district court allowed a Jewish inmate to move ahead with his complaint that he was deprived of kosher meals for a two week period. [read post]
19 Feb 2016, 4:00 am
Fusco failed to show that any disability was the result of an accident as there a lack of evidence that her fall was caused by anything other than her own misstep while ascending the stairs to the school.In addition, the court held that the Social Security Administration’s finding that Fusco was disabled, rendered after the System’s determination, “is not dispositive of the Medical Board's disability determination. [read post]
15 Feb 2016, 7:00 am
., Local 287, 2016 NY Slip Op 00977, Appellate Division, Second Department [Appeal I]City of Long Beach v Long Beach Professional Firefighters Assn., Local 287, 2016 NY Slip Op 00970, Appellate Division, Second Department [Appeal II]The Appellate Division handed down two decisions involving the same parties on the same day. 2016 NY Slip Op 00977 [Appeal I] considered the merits of a disciplinary determination while 2016 NY Slip Op 00970 [Appeal II] considered the… [read post]
12 Feb 2016, 10:00 am
”The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_00628.htm ______________________________A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. [read post]
12 Feb 2016, 4:30 am
A court decision holding that providing due process, in itself, is a violation of Title IX would do the trick. [read post]
11 Feb 2016, 4:00 am
The appointing authority accepted the findings and recommendations of the Administrative Law Judge and terminated Hopton employment. [read post]
9 Feb 2016, 9:30 pm
Johnson, Administrator of the National Recovery Administration. [read post]
9 Feb 2016, 9:30 am
., 2016 NY Slip Op 00505, Appellate Division, Second DepartmentRobert S. [read post]
9 Feb 2016, 3:31 am
Yet our courts are seriously underfunded. [read post]
8 Feb 2016, 7:33 am
The office of court administration shall determine and publish the income cap. [read post]
8 Feb 2016, 6:08 am
This provision defined the term “hazardous chemical” as “[a]ny chemical compound used as a wood preservative to treat wood utility poles to protect them from fungal decay and wood-destroying pests. [read post]
8 Feb 2016, 5:10 am
The Supreme Court assumed that following its decision in Miranda v. [read post]
8 Feb 2016, 4:00 am
In the event there is a conflict between a provision in the County Code and the County Charter, the provision in the County Charter controlsJames Carver v County of Nassau, 2016 NY Slip Op 00466, Appellate Division, Second Department[See, also, James Carver v County of Nassau, 2016 NY Slip Op 00467, Appellate Division, Second Department]Prior to 2007, the Nassau County Charter and the Nassau County Administrative Code both provided that the Commissioner of Police had… [read post]
6 Feb 2016, 1:27 pm
A New York Family Lawyer said in this accounting of the Public Administrator, the issue of kinship was referred to a court attorney/referee pursuant to SCPA 506. [read post]
