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Tag Archives: Administrative
Principles governing judicial review of administrative determinations pursuant to the substantial evidence standard
The Justice Center for the Protection of People with Special Needs [Justice] issued a report setting out an adverse "substantiated finding" involving Petitioner's interactions with an individual with special needs ["Service Recipient"]. Petitioner asked Justice to amend its report to … Continue reading
Posted in Administrative law
Tagged Administrative, Determinations, Evidence, Governing, Judicial, Principles, pursuant, Review, Standard, substantial
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Courts may not interfere with an administrative tribunal's proper exercise of its discretion
Courts may not interfere with an administrative tribunal's proper exercise of its discretionMatter of Seebald v New York State Div. of Human Rights and Roswell Park Cancer Inst. Corp., 2019 NY Slip Op 00780, Appellate Division, Fourth DepartmentIn this appeal … Continue reading
Posted in Administrative law
Tagged Administrative, Courts, Discretion, exercise, interfere, proper, tribunal's
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Termination of employment recommended by the Administrative Law Judge after finding the employee guilty of insubordination and incompetence
Termination of employment recommended by the Administrative Law Judge after finding the employee guilty of insubordination and incompetenceDep't of City Planning v. Kelly, OATH Index No. 516/19 A New York City city planner was served with disciplinary charges pursuant to … Continue reading
Posted in Administrative law
Tagged Administrative, Employee, Employment, Finding, guilty, incompetence, Insubordination, Judge, Recommended, Termination
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Notice of the final administrative decision must be unambiguous and properly delivered in order to triggering the running of the statute of limitations for bringing an Article 78 action
Notice of the final administrative decision must be unambiguous and properly delivered in order to triggering the running of the statute of limitations for bringing an Article 78 actionStack v City of Glens Falls, 2019 NY Slip Op 01286, Appellate … Continue reading
Posted in Administrative law
Tagged Action, Administrative, Article, bringing, Decision, delivered, final, Limitations, Must, notice, Order, PROPERLY, Running, Statute, Triggering, Unambiguous
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Does Administrative Patent Law Promote Innovation About Innovation?
I am at Texas Law today for a symposium on The Intersection of Administrative & IP Law, and my panel was asked to address the question: Does Administrative Patent Law Promote Innovation? I focused my remarks on a specific aspect … Continue reading