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Real Estate & Property Law
: Law of the LandNY Appellate Court Finds Action to Compel Issuance of Building Permit for Nonconforming Use Survives as Notice of Claim Requirement is not Triggered in Equitable Matter
By Patricia Salkin
Full post as published by Law of the Land on February 11, 2012 (boomark / email).
Failure to Exhaust Adminstrative Remedies Bars Claim for Certificate of Occupancy
In an action to compel issuance of a certificate of occupancy, the Appellate Division upheld the action of a building inspector on the grounds that the property owner had failed to appeal to the zoning board of appeals before starting an action, thereby failing to exhaust its administrative remedies...
Filing a notice of claim critical to challenging a probationary teachers dismissal
Filing a ?notice of claim? critical to challenging a probationary teacher?s dismissalMatter of Wendy Sue Silvernail v Enlarged City School Dist. of Middletown, 40 A.D.3d 1004, Appellate Division, Second Department Wendy Sue Silvernail filed an Article 78 petition seeking Supreme Court review of the determination of the Superintendent of the Enlarged City School District of Middletown terminating her employment as a probationary teacher...
Appealing a Zoning Officer's Decision
If you are denied the issuance of a permit on the basis that the proposal violates the zoning ordinance, you may wish to seek an appeal of the zoning officer's decision. An appeal of any order, requirement, decision or refusal made by an administrative officer based on the zoning ordinance is brought by an appellant to the zoning board of adjustment...
No Notice Of Claim Necessary In Public Sector Labor Arbitration
Matter of Local 832 v. NYC Dept. of Education, ___A.D.3d___(1st. Dept. March 26, 2009), is an interesting case. The Board argued that the motion to compel arbitration should be dismissed because the union did not file a Notice of Claim...
An Education Law §3813(1) Notice of Claim is required only in the event money damages are sought
An Education Law §3813(1) ?Notice of Claim? is required only in the event money damages are soughtCivil Serv. Employees Assn., Inc. v Board of Educ. of City of Yonkers, 2011 NY Slip Op 06211, Appellate Division, Second Department The Civil Service Employees Association filed an Article 78 petition seeking a court order directing ?specific performance? of a collective bargaining agreement...
Are Floodway Restrictions Unduly Oppressive
Nope, not according to Division 3 of the Washington Court of Appeals. In a decision issued today the court reviews the current law of nonconforming structures and substantive due process in Washington...
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