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8 Sep 2022, 7:29 am by Bonnie Lawston
If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.  (631) 425-7299 The post NY Probate Estate Administration Attorney talks about Inheritance Rights appeared first on The Law… [read post]
18 Feb 2011, 4:15 am
Administrative decision to be reconsidered after court finds that not all of the arguments of the petitioner were considered by the hearing officerMatter of Cohen v New York State & Local Employees' Retirement Sys., 2011 NY Slip Op 01109, Appellate Division, Third DepartmentThis decision by the Appellate Division illustrates the importance of the administrative hearing officer considering, and ruling on, all of the arguments and theories… [read post]
26 Jun 2011, 9:00 pm by Adjunct LawProfs
., 2011 NY Slip Op 01109, Appellate Division, Third Department This decision by the Appellate Division illustrates the importance of the administrative hearing officer considering, and ruling on, all... [read post]
29 Jul 2011, 5:31 am
The administrative tribunal, not the court, weighs the evidence and determines the credibility of witnesses in an administrative hearing Matter of Martin v Board of Trustees of the Vil. of Pelham Manor, 2011 NY Slip Op 06106, Appellate Division, Second Department The Village of Pelham Manor found Robert Manor, a Village police officer guilty of a number disciplinary charges filed against him including excessive use of paid sick leave and insubordination.… [read post]
10 Aug 2020, 1:28 pm by lennyesq
By Emma Whitford *** Law360 (August 7, 2020, 2:28 PM EDT) — The New York Office of Court Administration on Friday said that a pause on evictions and most related proceedings remains in place, perpetuating an uneasy status quo for tenants, landlords and their attorneys. [read post]
26 Feb 2010, 4:33 am
The appointing authority accepted the hearing officer’s findings and recommendation and dismissed Castillo.Castillo’s CPLR Article petition appealing his termination Supreme Court dismissed his petition on the grounds that he had failed to exhaust his administrative remedies.The Appellate Division affirmed the Supreme Court’s ruling. [read post]
3 Mar 2010, 4:08 am
Disciplinary hearing officer’s findings the basis for collateral estoppel in a subsequent administrative hearing concerning the same issueMatter of Morales v Commissioner of Labor, 2010 NY Slip Op 01559, Decided on February 25, 2010, Appellate Division, Third DepartmentFelicita Morales, a community associate for the New York City Housing Authority, was charged with misconduct stemming from a confrontation with her supervisor and was found guilty of [1] yelling at her… [read post]
8 Sep 2015, 4:00 am by The Public Employment Law Press
Police officer suspended without pay pending a determination of criminal charges filed against him and any administrative disciplinary action taken against him 2015 NY Slip Op 06729, Appellate Division, Second DepartmentIn February 2013 a City of Mount Vernon police officer [Officer] was suspended without pay by the Commissioner of the City of Mount Vernon Police Department [Commissioner] pending a determination of the criminal charges and any… [read post]
15 Jul 2010, 4:04 am
Commn., 2010 NY Slip Op 51209(U), Decided on June 14, 2010, Supreme Court, Nassau County, Judge Thomas Feinman, [Not selected for publications in the Official Reports]The Nassau County Civil Service Commission disqualified Victor Pereira for appointment as a Police Officer after he had passed the written test for the position. [read post]
15 Nov 2010, 4:05 am
Admin., 2010 NY Slip Op 07932, Decided on November 3, 2010, Appellate Division, Second DepartmentThomas Hughes, an Office of Court Administration [OCA] court officer, was served with disciplinary charges alleging, among other offenses, failing to keep his uniform in proper condition, failing to keep his weapon properly loaded, and keeping an impermissible metal-jacketed round in his weapon.The disciplinary hearing officer found that… [read post]
14 Oct 2014, 4:00 am by The Public Employment Law Press
Appealing administrative decisions Modlin v Kelly, 2014 NY Slip Op 06866, Appellate Division, First DepartmentTypically a disappointed individual challenges an administrative decision by bringing an Article 78 action. [read post]
10 Jul 2010, 8:36 am
In an administrative disciplinary hearing, conflicting testimony merely "raised issues of credibility" for the hearing officer to resolveMatter of Weymer v New York State Div. of State Police, 2010 NY Slip Op 05779, Appellate Division, Second DepartmentHarry J. [read post]
14 Feb 2014, 4:00 am by The Public Employment Law Press
A court’s review of an administrative hearing conducted pursuant to law is limited2014 NY Slip Op 00663, Appellate Division, Second DepartmentThe Civil Service Law §75 disciplinary hearing officer found the employee against whom disciplinary charges and specifications had been filed [Petitioner] guilty of certain disciplinary charges and recommended that the employee be terminated from the position. [read post]
5 Jan 2015, 4:00 am by The Public Employment Law Press
”The court noted that Jennifer Brow had been appointed to the office of Village Treasurer in July 2009 to serve the remainder of a two-year term of office, which term had commenced on April 6, 2009. [read post]
18 Jun 2008, 11:10 pm
The NYS SRO has repeatedly stated that school district failure to implement a hearing officer's order can only be enforced via complaint to state ed or in federal court. [read post]
20 Jan 2009, 5:44 am
A Manhattan (NY County) Criminal Court Judge recently agreed with a NY criminal defense attorney and dismissed an entire criminal complaint against the defendant. [read post]
2 Dec 2008, 12:10 pm
Removal of an officer of a political subdivision of the State for misconduct, maladministration, malfeasance or malversation in officeMatter of Hedman v Town Bd. of Town of Howard, 2008 NY Slip Op 09229, decided on November 21, 2008, Appellate Division, Fourth Department Gerald S. [read post]
29 Jan 2014, 4:00 am by The Public Employment Law Press
An administrative disciplinary penalty that is within the discretion of the reviewing agency to impose will not be disturbed by the court2014 NY Slip Op 00261, Appellate Division, Third DepartmentThe Board of Regents suspended an individual’s [LPN] license to practice as a licensed practical nurse in New York for two years following her pleading guilty to petit larceny to satisfy charges against her for fraudulently obtaining unemployment insurance benefits.LPN was sentenced… [read post]
10 May 2011, 4:23 am
The court’s fact-review power of an administrative agency's determination is limited to whether substantial evidence supports the determination Matter of Jenkins v Israel, 2011 NY Slip Op 03604, Appellate Division, Second Department The Westchester Medical Center filed disciplinary charges against Lisa Jenkins alleging insubordination and misconduct pursuant to §75 of the Civil Service Law. [read post]