The Third Department held that filing an election validation case is insufficient unless every necessary party is served within the statutory period, which an order to show cause cannot extend.
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 upheld removal of a coded gate because it materially interfered with the dominant owners’ accustomed use of a deeded access easement.
The Third Department enforced a public contract’s anti-assignment clause and held that an individual lacked proof of corporate authority to acquire or prosecute the contractor’s claims.
The Third Department held that GM’s compelled receipt of accessories during a Lemon Law buyback did not state unjust enrichment and excused the manufacturer’s brief filing delay.
The Third Department held that a pharmacist could not directly annul a disciplinary consent order and had to present her alleged preapproval revocation through agency reconsideration first.
The Third Department held that New York rationally included Sunoco’s active fuel-terminal parcel in the Papscanee Island Historic District.
The Third Department upheld Ulster County’s apprenticeship graduation requirements for major public works, finding no conflict with state bidding or labor law.
The Third Department dismissed Paychex’s challenge to New York’s PEO franchise-tax rules because the audit had not produced final agency action and the regulations were not retroactive.
The Appellate Division, Third Department, affirms denial of EDTPA COVID-19 immunity to a surgeon who clipped a patient’s bile duct during a laparoscopic cholecystectomy in April 2020, holding that the surgeon’s own testimony that his technique was unchanged by the pandemic forecloses the immunity defense—general hospital disruptions do not trigger EDTPA protection for standard surgical errors.
The Appellate Division, Third Department, affirms that YAFFED has organizational standing under Education Law § 310 to pursue administrative appeals challenging whether New York City yeshivas provide substantially equivalent secular education, sending the appeals back to the Commissioner for merits adjudication.
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.