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13 Aug 2014, 6:00 am by Will Bland
 It found that with passage of APPS, Congress places the question of whether, and under what circumstances, departure clearance is to be granted entirely within the Coast Guard’s discretion. [read post]
3 Feb 2023, 9:30 pm by Public Employment Law Press
[FN1] It is well settled that, "[u]nder FOIL, agency records are presumptively available for public inspection" (Matter of Empire Ch. of Associated Bldrs. and Contractors, Inc. v New York State Dept. of Transportation, ___ AD3d ___, ___, 2022 NY Slip Op 06852, *1 [3d Dept 2022] [internal quotation marks and citations omitted]). [read post]
3 Feb 2023, 9:30 pm by Public Employment Law Press
[FN1] It is well settled that, "[u]nder FOIL, agency records are presumptively available for public inspection" (Matter of Empire Ch. of Associated Bldrs. and Contractors, Inc. v New York State Dept. of Transportation, ___ AD3d ___, ___, 2022 NY Slip Op 06852, *1 [3d Dept 2022] [internal quotation marks and citations omitted]). [read post]
13 Jan 2022, 1:16 pm
At the core of these principles is an important new one, though one that waits for greater elaboration elsewhere--the need for reasoned decision making subject to broad review by the courts (e.g., Dept of Commerce v, NY, No. 18–966. [read post]
21 Jan 2015, 2:24 am by Idaho State Police
s Towing SEATBELTS/HELMET WORN: YES INCIDENT NARRATIVE: Deputy Hughes was Southbound on US95 near milepost 457 when he attempted to make a U-turn and was struck by Naibs semi that was also traveling Southbound. [read post]
15 Jun 2009, 4:10 am
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., 2009 NY Slip Op 51164(U), Decided on May 15, 2009, Supreme Court, Erie County, Judge Paula L. [read post]
1 Dec 2008, 7:35 am
While "[u]nder the CPLR, arbiters do not have the power to direct the parties to engage in disclosure proceedings" (DeSapio v Kohlmeyer, 35 NY2d 402, 406 [1974]; see Matter of Goldsborough v New York State Dept. of Correctional Servs., 217 AD2d at 547), avenues of disclosure were clearly available (see Siegel, NY Prac § 597, at 1052-1054 [4th ed]). [read post]
13 Nov 2019, 5:22 am by Andrew Lavoott Bluestone
Thus, a plaintiff must plead the attorney’s intentional deceit damages caused by the deceit (see Doscher v Mannatt, Phelps & Phillips, LLP, 148 AD3d 523, 524 [1st Dept 2017]). [read post]
24 Aug 2022, 3:10 am by Andrew Lavoott Bluestone
In one instance, BSF billed $2,762 for an associate and two paralegals to transport banker’s boxes to a pretrial conference (id., ,r 188 and at 647 [Ex 18]). [read post]
21 Jul 2023, 6:00 am by Jordan Steinberg
While some companies have made the argument successfully that they had no knowledge of a partner’s intentions to transport their goods to New York (Ortiz v Food Mach. of Am., Inc.) (2014 NY Slip Op. 31868[U] [Bronx Ct. [read post]
2 Feb 2017, 5:31 am by Thomas J. Crane
The majority decision found he was fired because he wanted to comply with the Surface Transportation Assistance Act’s requirement to operate the truck safely. [read post]
22 Mar 2017, 3:31 am by Thomas J. Crane
The majority decision found he was fired because he wanted to comply with the Surface Transportation Assistance Act’s requirement to operate the truck safely. [read post]