Search for: "Division of Administrative Law Appeals"
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8 Dec 2022, 9:32 am
In a recent case, the Fourth District Court of Appeals Division 3 in California issued an opinion in an appeal involving a termination dispute between an employer and an employee. [read post]
21 Aug 2023, 7:47 am
Court of Appeals for the D.C. [read post]
3 Jun 2008, 12:40 am
Div., 2nd Dept., 295 A.D.2d 400 The exhaustion of the administrative remedies available to an individual is generally viewed as a condition precedent to the individual being able to bring a law suit challenging some act or mission by an administrative agency. [read post]
20 Aug 2022, 12:51 pm
The OHAO was formerly known as the Driver License Appeal Division or DLAD. [read post]
30 Nov 2023, 6:00 am
In addition, the Appellate Division noted DOE employees were informed how to apply for religious accommodations and appeal denials and Plaintiff "availed h(er)self of this process, (DOE) explained why h(er) application did not qualify for an accommodation [and the] parties further engaged in the administrative appeals process," and DOE "submitted evidence" that it received over 3,300 religious accommodation requests that needed to be… [read post]
30 Nov 2023, 6:00 am
In addition, the Appellate Division noted DOE employees were informed how to apply for religious accommodations and appeal denials and Plaintiff "availed h(er)self of this process, (DOE) explained why h(er) application did not qualify for an accommodation [and the] parties further engaged in the administrative appeals process," and DOE "submitted evidence" that it received over 3,300 religious accommodation requests that needed to be… [read post]
22 Mar 2011, 3:50 am
When his administrative request to work off-duty in pursuit of a boxing career was disapproved, he appealed the administrative determination to the commissioner. [read post]
22 Apr 2011, 4:30 am
Guidelines followed in determining if an individual was provided administrative due process in a quasi-judicial hearingMatter of Hildreth v New York State Dept. of Motor Vehicles Appeals Bd., 2011 NY Slip Op 03066, Appellate Division, Second Department In considering this appeal from an adverse administrative decision that resulted in the revocation of Wilbur Hildreth’s driver's license pursuant to Vehicle and Traffic Law… [read post]
8 Feb 2011, 4:05 am
Where the statute provides alternate appeal procedures, the election of one such procedure serves to preclude seeking redress pursuant to the otherMatter of Uddin v NYC/Human Resources Admin., 2011 NY Slip Op 00695, Appellate Division, Second Department§76 of the Civil Service Law provides that an aggrieved employee may appeal a §75 administrative disciplinary determination by either:1. [read post]
23 Nov 2022, 5:00 am
" This interpretation, said the Appellate Division, "comports with the plain language of the provision as well as its legislative history," citing Matter of Albany Law School v New York State Off. of Mental Retardation and Dev. [read post]
23 Nov 2022, 5:00 am
" This interpretation, said the Appellate Division, "comports with the plain language of the provision as well as its legislative history," citing Matter of Albany Law School v New York State Off. of Mental Retardation and Dev. [read post]
12 Nov 2015, 7:51 am
Following a hearing before an administrative law judge and an appeal to the Georgia State Board of Workers' Compensation (the "Board"), the man's request for benefits was denied. [read post]
23 Apr 2009, 4:15 am
The PVB denied the request by letter, stating that "only one hearing is granted per summons," and the PVB Appeals Board subsequently denied Meadow's appeal, finding no error of fact or law.Supreme Court, New York County, sustained the Appeals Board's determination, only to have that ruling vacated by the Appellate Division. [read post]
19 Feb 2021, 4:30 am
[t]he cornerstone of administrative law is ... the principle that the Legislature may declare its will, and after fixing a primary standard, endow administrative agencies with the power to fill in the interstices in the legislative product by prescribing rules and regulations consistent with the enabling legislation. [read post]
24 Oct 2023, 6:00 am
The New York City Office of Administrative Trials and Hearings [OATH] affirmed so much of a determination of a hearing officer, as, after a hearing, found that Petitioner in the administrative appeal violated Administrative Code of the City of New York §28-210.3 and directed the petitioner to pay a civil penalty of $1,000 per day for a period of 39 days.The Appellate Division confirmed OATH's ruling "on the merits," without costs or… [read post]
24 Oct 2023, 6:00 am
The New York City Office of Administrative Trials and Hearings [OATH] affirmed so much of a determination of a hearing officer, as, after a hearing, found that Petitioner in the administrative appeal violated Administrative Code of the City of New York §28-210.3 and directed the petitioner to pay a civil penalty of $1,000 per day for a period of 39 days.The Appellate Division confirmed OATH's ruling "on the merits," without costs or… [read post]
28 Mar 2017, 4:00 am
Vetro appealed an order of the Supreme Court that denied his motion for summary judgment on the complaint and granted Hampton Bay's cross motion for summary judgment dismissing the complaint.The Appellate Division sustained the lower court's ruling explaining that in this instance the "doctrine of election of remedies" barred Vetro from bringing an action in Supreme Court alleging the same discriminatory acts the he had advanced in his complaint filed with the… [read post]
4 May 2010, 4:21 am
Although Education Law Section 3020-a 3 c(iii)(C) states that an administrator or teacher has the right to demand a "bill of particulars" concerning the charges and specifications filed against him or her, no similar provision is included in Section 75 of the Civil Service Law. [read post]
10 Nov 2008, 8:44 pm
Court of Appeals for the D.C. [read post]
12 Apr 2016, 4:15 am
There was but one issue Stapleton raised in his appeal for the Appellate Division to consider: Did the Administrative Law Judge have the lawful authority and jurisdiction to conduct his §75 disciplinary hearing and “make findings and a recommendation? [read post]
