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New York State Comptroller Thomas P. DiNapoli issues audits and examinations
7 Sep 2019, 7:00 am by Public Employment Law Press
New York State Comptroller Thomas Dinapoli issued the following audits and reports during the week ending September 6, 2019. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Police officer's Article 78 appeal for accidental disability retirement benefits denied
31 Mar 2010, 10:15 am by Kevin Sheerin
Matter of Tracy Wolak v Thomas DiNapoli, as State Comptroller This Article 78 proceeding was brought about to review a determination of the Comptroller denying petitioner’s application for accidental disability retirement benefits. [read post]
New York Civil Service Attorney Law Blog - http://civilservice.sheerinlaw.com/
Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Attorney determined to be an independent contractor and not an employee of the agency
23 Dec 2008, 11:13 am
The Appellate Division considered such "wearing two hats at the same time" in Holbrook v Rockland Co, 260 A.D.2d 437, and Nemani v United Health Services, Inc., 170 AD2d 782. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Forfeiture of employee retirement contributions made to a New York State public retirement system
19 Aug 2016, 4:00 am by The Public Employment Law Press
Forfeiture of employee's retirement contributions made to a New York State public retirement system United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Sotomayor Is High Court Pick; Here Are Her Religion Decisions
26 May 2009, 3:57 am
United States Postal Service, 988 F. [read post]
Religion Clause - http://religionclause.blogspot.com/
Overtime paid to a police officer for “special-duty” for service performed for a private entity not included in determining the “final average salary” for retirement purposes
10 Nov 2015, 4:00 am by The Public Employment Law Press
Overtime paid to a police officer for “special-duty” for service performed for a private entity not included in determining the “final average salary” for retirement purposesTamucci v DiNapoli, 2015 NY Slip Op 08027, Appellate Division, Third DepartmentBetween 1989 and 2009, Town and Village of Harrison Police Department [HPD] police sergeant Mark Tamucci was a member of New York State Police and Fire Retirement System [PFRS]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A retired member is required to repay pension benefits mistakenly paid to him by the New York State Employees Retirement System
5 Feb 2020, 4:00 am by Public Employment Law Press
"Addressing Petitioner argument that he was erroneously directed to repay the pension benefits mistakenly paid to him, the court said that the Comptroller "had no choice but to seek recoupment of such benefits, as the Comptroller has a duty to correct errors in order to ensure the integrity of the public retirement system", citing Matter of Mowry v DiNapoli, 111 AD3d 1117. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Grand jury testimony of cooperator, who was not called by the government at trial, admissible under FRE 804(b)(1)
30 Apr 2009, 4:01 pm
United States v. [read post]
White Collar Defense and Compliance - http://whitecollarcrime.foxrothschild.com/
The Comptroller has the authority to review and report on the billing practices of a medical provider not a participating physician within the NYSHIP Empire Plan network
13 May 2014, 5:04 am by The Public Employment Law Press
., P.C. v DiNapoli, 2014 NY Slip Op 03191, Court of AppealsAmong the patients treated by a physician and a medical group [Providers] were individuals insured by the Empire Plan, New York State's primary health benefit plan. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Today’s Headlines and Commentary
12 Aug 2019, 12:09 pm by Hadley Baker
Emma DiNapoli and Jacques Singer-Emery described the latest developments of the military commission in United States v. [read post]
Lawfare - http://www.lawfareblog.com/
Refreshing Freshwater Wetlands Regulation – Impact on the New York State Department of Environmental Conservation
22 Feb 2023, 3:23 pm by Maggie Pahl
Army Corps of Engineers the power to regulate the “discharge of dredged and fill material to the waters of the United States. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
The Week That Was: All of Lawfare in One Post
14 Sep 2019, 7:38 am by Gordon Ahl
District Court for the Eastern District of Virginia in Elhady v. [read post]
Lawfare - http://www.lawfareblog.com/
Today’s Headlines and Commentary
11 Feb 2021, 12:11 pm by Victoria Gallegos
United States case on the Biden administration’s immigration agenda. [read post]
Lawfare - http://www.lawfareblog.com/
The Week that Was: All of Lawfare in One Post
14 Feb 2021, 12:57 pm by Victoria Gallegos
United States on the Biden administration’s immigration agenda. [read post]
Lawfare - http://www.lawfareblog.com/
New York Law Journal Decisions of Interest
17 Apr 2009, 2:15 am
DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal Practice Court Rules as to Admissibility of Evidence In Trial of Accused Al-Qaida Supporter United States v. [read post]
New York Supreme Court Criminal Term Library - http://crimlawlib.blogspot.com/
The Week that Was: All of Lawfare in One Post
17 Aug 2019, 5:06 am by Vishnu Kannan
Emma DiNapoli and Jacques Singer-Emery chronicled the latest developments of the military commission in United States v. [read post]
Lawfare - http://www.lawfareblog.com/
Judge Mulligan's Last Opinion: One For the Birds
9 Aug 2007, 2:00 pm
See United States v. [read post]
Law Blog - http://blogs.wsj.com/law
The Week That Was: All of Lawfare in One Post
6 Apr 2019, 4:04 am by Lev Sugarman
Circuit’s decision in McKeever v. [read post]
Lawfare - http://www.lawfareblog.com/