Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Ross Todd | March 6, 2019
U.S. District Juge Richard Seeborg found that the decision violated the Administrative Procedure Act, a similar conclusion that Jesse Furman of the Southern District of New York reached in a January decision in a similar legal challenge to the question.
By Jason Grant | March 5, 2019
The Waterfront Commission of New York Harbor's “determination [to revoke the longshoreman registration] is supported by substantial evidence,” the appeals panel said, writing that “the record ... shows that [the longshoreman] associated with members of two organized crime families who had also been convicted of racketeering activity.”
By Mike Scarcella | Nate Robson | March 1, 2019
Two other federal appeals nominees—Michael Park and Joseph Bianco, both picked for the Second Circuit—were up for a vote Thursday but the committee held them over until next week. Park is a name attorney at the litigation boutique Consovoy McCarthy Park. Bianco is a federal trial judge in the Eastern District of New York.
By Jason Grant | February 25, 2019
John Joyce's rescission request, made less than a year after his 2011 retirement, must be accepted, even though the Department of Education's chancellor had eventually denied the request, an Appellate Division, First Department, panel has ruled.
By Colby Hamilton | February 20, 2019
The wrongful conviction exoneration group says the federally-run National Museum of Health and Medicine violated its First Amendment rights by denying it access to the archives of a prominent national odontology group that in the past promoted the now-controversial forensic bite mark analysis.
New York Law Journal | Analysis
By Daniel G. Fish | February 14, 2019
In his Elder Law column, Daniel G. Fish discusses the fair hearing process as a means of challenging agency decisions of applications for Medicaid home care benefits and nursing home care. Given the size of the Medicaid program, perhaps it is not surprising that there are errors made by the agency. To manage expectations, clients should be advised, before the application is filed, to anticipate that their application may be initially denied erroneously or even after eligibility has been established, but that there is a process to challenge adverse determinations.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and Dov Treiman | January 29, 2019
In their Rent Regulation column, Adam Leitman Bailey and Dov Treiman discuss how recent changes to the New York City Administrative Code along with a recent decision in the Appellate Term, First Department, have made landowners who seek to buy out the rights of tenants in occupancy face a minefield of requirements and restrictions.
New York Law Journal | Analysis
By Sharon M. Porcellio | January 24, 2019
In her Western District Roundup, Sharon M. Porcellio writes: In the last quarter of 2018, U.S. Senior District Judge David G. Larimer, in the context of an environmental case under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980, examined the interplay of two doctrines permitting courts to defer exercise of their jurisdiction until an administrative agency acts.
New York Law Journal | Analysis
By Anthony S. Guardino | January 22, 2019
Local governments often impose fees of one kind or another on property owners or developers in connection with their requests for the approvals they need to be able to develop their property. In his Zoning and Land Use Planning column, Anthony Guardino discusses the standard that New York courts use when evaluating the propriety of those fees.
New York Law Journal | Analysis
By Thomas F. Gleason | January 16, 2019
In his New York Practice column, Thomas F. Gleason writes: The scope of deference to administrative agencies was recently treated by a divided panel of the Appellate Division, Third Department, whose decision in an Article 78 substantial evidence proceeding was reversed by a divided Court of Appeals in 'Matter of Haug v. State University of N.Y. at Potsdam'. The disturbing facts and the review standard make compelling reading—and not just for lawyers.
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