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19 Dec 2011, 8:32 am
Filing an appeal from an administrative decision in accordance with a grievance procedure does not toll the running of the statute of limitations for bringing an Article 78 actionMatter of Matter of Hazeltine v City of New York, 2011 NY Slip Op 08625, Appellate Division, First Department. [read post]
21 Jan 2011, 3:03 am
Challenging administrative rulingsMalitz v NYC Transit Authority, NYS Supreme Court, Justice Stallman [Not selected for publication in the Official Reports]The Malitz case points out the differences in the standards that are used by the courts when reviewing different types of agency or administrative determinations.In cases involving challenges to an agency’s administrative determination made without having held an administrative hearing, the test… [read post]
6 Jul 2010, 4:47 am
Lescinski in an effort to negotiate her reinstatement; and wrote a letter on her behalf but, again, because of her probationary status any further grievance options were limited.Citing Garvin v. [read post]
30 Nov 2020, 2:40 pm by Eugene Volokh
Oct. 26, 2018); "a clear and present danger to the fair and efficient administration of justice," Mondragon v. [read post]
13 Jul 2011, 6:56 am by Second Circuit Civil Rights Blog
" The statute of limitations was tolled until Gonzalez fully exhausted his PLRA administrative remedies in August 2002. [read post]
19 Jan 2012, 2:48 am by Andrew Lavoott Bluestone
By letter dated December 13, 2010, mailed to 5535 42nd Terrace, Vero Beach, Florida 32967 (the business address listed for the respondent with the Office of Court Administration at that time), the Grievance Committee asked the respondent to submit a written answer to the Goldstein complaint. [read post]
23 Aug 2016, 4:00 am by The Public Employment Law Press
Challenging the employer’s decision to terminate a probationary teacherMuller v New York City Dept. of Educ., 2016 NY Slip Op 05813, Appellate Division, Second DepartmentAndrea Muller was appointed by the New York City Department of Education [DOE] as an elementary school teacher subject to her satisfactory completion of a three-year probationary period commencing in August 2008. [read post]
26 Jul 2019, 10:35 am by Andrew Vey
That said, as more and more cases of alleged sexual harassment continue to work their way through different judicial processes, we are starting to see courts and administrative tribunals embrace new tools to help protect complainants through what can often seem a daunting process.For instance, back in August 2018, we wrote about a then-new decision from the Ontario Superior Court of Justice: Render v. [read post]
27 Jun 2016, 4:00 am by The Public Employment Law Press
However, his application for disability benefits pursuant to General Municipal Law §207-c was denied, which administrative determination was affirmed by the Appellate Division [see Matter of Jackson v Barber, 133 AD3d 958].In August 2013, Jacksonsubmitted a physician's note stating that, as a result of his foot condition, he was restricted from working more than 40 hours and 35 minutes per week. [read post]
4 Aug 2023, 6:17 am by Andrew Lavoott Bluestone
Subsequently, the Grievance Committee served and filed a statement of disputed and undisputed facts dated August 17, 2020, which the respondent did not challenge. [read post]
16 Mar 2010, 10:27 pm
Inability to demonstrate the possession of a required license permits the summary termination of an incumbentMatter of Cravatta v New York State Dept. of Transp., 23 Misc 3d 1137(A)In this case the court considered the application of the so-called "Felix" procedure [Felix v New York City Dep't of Citywide Administrative Services, 3 NY3d 498] in a situation where the incumbent loses or fails to renew a license required to perform the duties of the position or… [read post]