The Third Department confirmed denial of correction-officer disability retirement because the petitioner had already retired under a different public job and was no longer a qualifying member when he applied.
The Third Department confirms OMIG’s recoupment of 51,000 in Medicaid payments from a wheelchair provider that failed to obtain original wet-signed practitioner orders, holding the documentation guidelines were interpretive statements not requiring SAPA rulemaking.
The Appellate Division, Third Department affirmed that the Department of Labor’s blanket policy of closing home health aide wage complaints whenever a mandatory arbitration clause exists was an unlawful ‘rule’ promulgated without SAPA compliance, upholding annulment of the closures and class certification.
Third Department reverses a preliminary injunction that had blocked warrantless inspections of cannabis and hemp retailers, holding that New York’s Cannabis Law inspection regime satisfies the Fourth Amendment’s administrative search exception under the Burger three-part test.