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Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
The custodian engineer thus did not establish when the door was last inspected before the accident (see Attia v Slazer Enters., LLC, 215 AD3d 413, 414 [1st Dept 2023]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
The custodian engineer thus did not establish when the door was last inspected before the accident (see Attia v Slazer Enters., LLC, 215 AD3d 413, 414 [1st Dept 2023]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
On April 15, 2016, the petitioner, while working as a correction officer with the New York City Department of Correction, allegedly sustained injuries during an altercation with an inmate. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
On April 15, 2016, the petitioner, while working as a correction officer with the New York City Department of Correction, allegedly sustained injuries during an altercation with an inmate. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
& Gas Corp., 183 AD3d 1207, 1209 [3d Dept 2020]; see also Executive [*4]Law § 809 [2] [b]; 9 NYCRR 572. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
& Gas Corp., 183 AD3d 1207, 1209 [3d Dept 2020]; see also Executive [*4]Law § 809 [2] [b]; 9 NYCRR 572. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Scams continue to target Texas attorneys
9 May 2024, 2:00 pm by Joanna Herzik
Update 5/9/2024: We received a report of another scam. [read post]
State Bar of Texas Blog - http://blog.texasbar.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Didn’t Start A Case, Still in the Case
6 May 2024, 5:28 am by Andrew Lavoott Bluestone
See Johnson v Suffolk County Police Department, 245 AD2d 340, 341 (2d Dept 1997) . [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
NY Court of Appeals holds plaintiffs cannot sue individual coworkers for discrimination under the NYC Human Rights Law
29 Apr 2024, 6:30 am by Second Circuit Civil Rights Blog
New York Yankees, 307 A.D.2d 67 (1st Dept. 2003), that the City Council in 2005 disavowed in amending the City HRL to provide greater protections for plaintiffs who sue their coworkers. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
The Measure Of Damages For Architectural Malpractice
24 Apr 2024, 3:35 am by Andrew Lavoott Bluestone
On that basis, second third party plaintiff is correct that the six-year statute of limitations for breach of contract (CPLR § 213) applies to such claim. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
[Ilya Somin] Supreme Court Rules there is no "Legislative Exception" to the Takings Clause
12 Apr 2024, 1:10 pm by Ilya Somin
Florida Dept. of Environmental Protection, 560 U. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Blog Post: Larson’s Workers’ Compensation Law Case Spotlights (Spring 2024)
9 Apr 2024, 7:03 am by Robin E. Kobayashi
LEXIS 450 (3d Dept. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
Walmart to Pay Millions for Meat Dept. Overcharges – The Back Story
8 Apr 2024, 2:31 am by Edgar (aka MrConsumer)
Were they really trying to intentionally defraud shoppers by cleverly making the sales receipt look like shoppers were charged the price on the item and the correct price per pound? [read post]
Mouse Print - http://www.mouseprint.org
Unlike Attorneys, Sometimes a 6-Year Statute of Limitations for Architects
3 Apr 2024, 5:08 am by Andrew Lavoott Bluestone
Corp (64 AD3d 318, 324 [1 st Dept 2009]), “the damages sought [by second third party plaintiff at bar] are economic only. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Correction officer terminated after being found guilty of using excessive force against an inmate and filing a false report concerning the event
2 Apr 2024, 6:00 am by Public Employment Law Press
A former employee [Petitioner] of the New York City Department of Correction [DOC] challenged his being terminated after being found guilty of excessive use of force against an inmate and submitting a false use of force report. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Correction officer terminated after being found guilty of using excessive force against an inmate and filing a false report concerning the event
2 Apr 2024, 6:00 am by Public Employment Law Press
A former employee [Petitioner] of the New York City Department of Correction [DOC] challenged his being terminated after being found guilty of excessive use of force against an inmate and submitting a false use of force report. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/