Appealing disciplinary penalties imposed on members of the New York State Bar

In Matter of Hallock, 2021 NY Slip Opinion 06937, the Court of Appeals addressed the Appellate Division's imposition of reciprocal discipline on appellants Larry Hallock and Mary Malerba [Appellants] for alleged misconduct committed before a federal district court judge, resulting in the suspension of Hallock from the practice of law for one year and of Malerba for six months.

The Court of Appeals held that "that the record from the foreign jurisdiction did not support the Appellate Division's finding that [Appellants] acted dishonestly and, accordingly," reversed and remitted the matter to the lower court in both cases.

Click HEREto access the text of the Court of Appeals' ruling in this action.

The failure to initiate a timely CPLR Article 78 challenging a final administrative decision requires the dismissal of the complaint

The Appellate Division concluded that petitioner's cause of action alleging that the appointing authority unlawfully terminated his probationary employment — a decision made by administrative determination — is time-barred as petitioner was terminated "almost 15 months before bringing this action, and a challenge to an administrative determination on the ground that it is contrary to law is subject to a four-month statute of limitations."

Click HERE to access the full text of the Appellate Division's decision.

Establishing that a public record is exempt from disclosure pursuant to New York State's Freedom of Information Law

As the Court of Appeals held in Karlin v McMahon, 96 NY2d 842, although "[a]ll government records are presumptively open for public inspection unless specifically exempt from disclosure," in this instance an affirmation of the Village Attorney demonstrating a valid basis for the denial of the Freedom of Information [FOIL] request at issue by establishing that the records sought therein were exempt from disclosure pursuant to Public Officers Law §87(2)(e)(i) and thus Supreme Court properly denied the petition and dismissed the proceeding on the merits.

Click HERE to access the Appellate Division's ruling in this matter.

Removal of a New York City Community Education Council District President

Appeal of Benjamin Morden from action of the New York City Department of Education regarding a request for the removal of Shino Tanikawa and reinstatement of Maud Maron as President of the Community Education Council District 2. The Commissioner of Education dismissed the Petitioner's appeal.

Click HEREto access the text of the Commissioner's ruling.

Governor Hochul announces "Indoor Mask Policy"

New York State Governor Kathy Hochul announced masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement.

 

Her determination is based on the state's weekly seven-day case rate as well as increasing hospitalizations. The new business and venue requirements extend to both patrons and staff.  

 

This measure is effective Dec. 13, 2021 until Jan. 15, 2022, after which the state will re-evaluate based on current conditions. The new measure brings added layers of mitigation during the holidays when more time is spent indoors shopping, gathering, and visiting holiday-themed destinations.  

 

Businesses and venues who implement a proof of vaccination requirement can accept Excelsior Pass, Excelsior Pass Plus, SMART Health Cards issued outside of New York State, or a CDC Vaccination Card. In accordance with CDC's definition of fully vaccinated, full-course vaccination is defined as 14 days past an individual's last vaccination dose in their initial vaccine series (14 days past the second shot of a two-dose Pfizer-BioNTech or Moderna vaccine; 14 days past the one-shot Johnson and Johnson vaccine).

 

A violation of any provision of this measure is subject to all civil and criminal penalties, including a maximum fine of $1,000 for each violation. Local health departments are being asked to enforce these requirements. 

 

To read the entire news release Click Here