The First DCA set aside the Department of Health’s denial of operating permits for a float tank therapy business, finding the Department improperly relied on an unadopted rule — the ‘2020 Float Tank Code’ — and failed to adequately explain its rejection of the ALJ’s findings.
First Department affirms dismissal of retired NYPD officer’s Article 78 petition as time-barred, holding that a letter requesting reconsideration does not restart the four-month statute of limitations.
The Second Department affirmed denial of disability retirement benefits for a corrections officer, finding substantial evidence supported the Medical Board’s determination that the disability was caused by degenerative conditions rather than work-related injuries.
The Second Department annulled a DOH denial of a Convaid Cruiser stroller for a man with quadriplegic cerebral palsy, finding the denial of the durable medical equipment was not supported by substantial evidence.
The Second Department affirmed approval of a DISH Wireless antenna facility permit, holding that health-based RF emission objections are preempted by the Telecommunications Act of 1996.
Appellate Division reverses grant of Article 78 petition, reinstating CDRB denial of contractor’s $280,000 claim and finding agency determination was rationally based.
Appellate Division reviews PSC approval of natural gas facility ownership transfer, addressing scope of environmental review in context of New York’s clean energy policies.
Appellate Division addresses judicial review of Public Campaign Finance Board determination denying matching funds eligibility to gubernatorial candidates under New York’s reformed public financing program.
Second Department affirms mandamus compelling DEP to provide event-specific public notification of sewage discharges under the Sewage Pollution Right to Know Act.
The Massachusetts Appeals Court held that a sex offender’s subsequent criminal convictions rendered moot his challenge to the reliability of hearsay evidence used in his SORB reclassification from level 2 to level 3, affirming the board’s decision in a case of first impression for published classification appeals.