Jun 17, 2019

Determining the timeliness of an appeal of an administrative decision to an administrative appellate body within the agency

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The critical lesson set out in this decision by the Appellate Division is that a request to reconsider a "final administrative determin...
Jun 15, 2019

School District held not a party to the long-term disability insurance policy issued by the insurer covering certain District employees

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Arroyo v Central Islip UFSD 2019 NY Slip Op 04669 Decided on June 12, 2019 Appellate Division, Second Department Publ...
Jun 14, 2019

Failing to call the trial court's attention to a law, rule or regulation may preclude citing such provisions in an appeal from an adverse decision by the lower court

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The New York State Department of Financial Services [DFS] appeal the District Court denial of its post-verdict motion for judgment as a matt...
Jun 13, 2019

An arbitral awards may vacated, in whole or in part, if it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power

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An individual [Petitioner] employed by the Department of Corrections and Community Supervision [DOCCS] was suspended without pay and subsequ...
Jun 12, 2019

The statute of limitations for filing an Article 78 petition challenging an regulation adopted by a government entity starts to run on the effective date of the regulation

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General Municipal Law §209-q(1)(a) requires that individuals satisfactorily complete an approved municipal police basic training program pri...