Search for: "Matter of Nyquist"
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25 Jan 2020, 11:02 am
In Matter of Dinan, the Court ruled that it was the latter which controls. [read post]
25 Jan 2020, 11:02 am
In Matter of Dinan, the Court ruled that it was the latter which controls. [read post]
9 May 2019, 4:00 am
Petitioner submitted a reply in this matter. [read post]
9 May 2019, 4:00 am
Petitioner submitted a reply in this matter. [read post]
9 May 2019, 4:00 am
Petitioner submitted a reply in this matter. [read post]
9 May 2019, 4:00 am
Petitioner submitted a reply in this matter. [read post]
11 Dec 2018, 1:20 pm
VI, cl. 2.; Nyquist, 432 U.S. at 10, 53 L. [read post]
3 Aug 2018, 4:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
Employee terminated following the loss of the license required to perform the duties of the position
30 Apr 2018, 3:00 am
Courts have viewed employees who lack licenses as being “unqualified,” in contrast to being “incompetent,” to perform the duties of the position.In contrast, see Matter of Martin ex rel Lekkas, 86 AD2d 712. [read post]
7 Feb 2018, 12:00 am
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
28 Aug 2017, 4:00 am
Nyquist, 41 AD2d 363, affirmed, 34 NY2d 588. [read post]
26 Jun 2017, 10:33 am
Say the government has decided to provide certain benefits to various applicants. [read post]
20 Mar 2017, 9:30 pm
Curtis Nyquist, New England Law, has posted Re-Reading Legal Realism and Tracing a Genealogy of Balancing:The enclosed article offers a new understanding of the history of American legal thought. [read post]
22 Aug 2016, 4:00 am
Further, in Meliti v Nyquist, 41 NY2d 183, the Court of Appeals held that the suspension of a teacher without pay was appropriate where the teacher lacked the necessary license or certification to teach. [read post]
12 Feb 2016, 10:33 am
Nyquist, 413 U.S. 756 (1973), namely that the law in question (1) must reflect a clearly secular legislative purpose; (2) must have a primary effect that neither advances nor inhibits religion and (3) must avoid excessive entanglement with religion. [read post]
23 Apr 2014, 4:00 am
Judge Pagones said that it is well settled that the failure to maintain a minimum qualification for employment is not an act of misconduct nor one related to job performance that would invoke the disciplinary procedures mandated by Civil Service Law §75, citing Matter of NYS Office of Children and Family Services v Lanterman, 14 NY3d 275. [read post]
14 Nov 2011, 3:37 am
A test was stated in Matter of Elkins, 14 Ed Dept Repts 193, to the effect that if more than one-half of the functions to be performed by the incumbent of the new position are those which he performed in his old position, the positions are similar. [read post]
17 Mar 2011, 2:00 pm
The panel will be open to the public.Topics will include the NFL lockout, the possible NBA lockout, age and autonomy restrictions on professional athletes, digital media and the law, antitrust and sports, and many other topics.Yale Law SchoolYale Entertainment and Sports Law Association hosts a Panel Discussion on Sports and the Law: Current IssuesApril 4 2011 6:00 to 8:00 p.m.Room 120Moderator:MICHAEL MCCANN (Vermont Law School Professor of Law/Director of Sports Law Institute & Sports… [read post]
10 Dec 2010, 3:52 am
In such situations the courts have upheld the employer summarily suspending the employee without pay as was the case in Meliti v Nyquist, 41 NY2d 183. [read post]
25 Oct 2010, 4:52 am
The Appellate Division, citing a number of cases including Matter of Board of Educ. of Barker Cent. [read post]
