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New York Court of Appeals Opinions Handed Down Yesterday

The New York Court of Appeals handed down the following civil decisions yesterday:

ADMINISTRATIVE LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

Palm Mgmt. Corp. v. Goldstein, No. 40 (N.Y. March 27, 2007)
When a village administrative official issues a new certificate of occupancy that is unchanged, in relevant respects, from an earlier certificate relating to the same property, there is no new determination, and therefore no new opportunity for an appeal to the zoning board of appeals.
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CONSTITUTIONAL LAW, GOVERNMENT BENEFITS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW

Park v. Kapica, No. 27, 43 (N.Y. March 27, 2007)In dispute over petitioner's claim that he had a "permanent total disability" from an injury sustained while in the line of duty as a police officer, dismissal of petition holding that town's appointment of hearing officer to determine the extent of petitioner's disability, rather than the town board holding the hearing, is affirmed as the procedure employed by the town concerning petitioner's challenge to the medical examiner's light-duty determination comported with procedural due process. However, the town is not entitled to recoup General Municipal Law section 207-c disability payments to petitioner between the date he was initially directed to begin light-duty assignment and the date he was directed to begin his light-duty assignment after the hearing affirming the medical examiner's findings.

The summaries are courtesy of Findlaw.com.

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This page contains a single entry from the blog posted on March 28, 2007 1:08 AM.

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