Survey: 2015 Administrative Law

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Rose Mary Bailly and William P. Davies review the developments in New York Administrative Law during 2014–2015. For judicial developments, the authors review: (A) the due process rights of an incapacitated parolee; (B) the deferential weight of agency interpretation of the Environmental Conservation Law; (C) whether an agency decision finding no excess child-support payments were due was arbitrary or capricious; (D) the Court of Appeals’s test for standing in the context of a State Environmental Quality Review (SEQRA); (E) the proper remedy for a violation of the right to call a witness in a prisoner disciplinary case; and (F) the statute of limitations for claims under Section 8 of the Federal Housing Act. Bailly and Davies also discusses executive branch developments, such as (A) the Raise the Age legislation, an act intended to treat older teenagers differently from adults in criminal cases; (B) changes to the regulation of alcohol; (C) an executive order on the Freedom of Information Act; and (D) reforms to the Port Authority.

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Rose Mary Bailly, Esq., is Special Counsel to the Government Law Center of Albany Law School, and an Adjunct Professor of Law at Albany Law School where she teaches New York State Administrative Law, among other courses.

William P. Davies, J.D., Albany Law School 2016. He was an Executive Editor for Notes & Comments on the Albany Law Review, Volume 79. He was also the Senior Student Editor for the NYSBA Government, Law and Policy Journal.