Legal Question in Employment Law in New York

Administrative Law question

1. Hearing held in 2000. Grievant loses.

2. Grievant wins right to a Hearing de Novo in 2004.

3. QUESTION: Which procedural rules apply...those in 2000...os those in 2004?

Which CPLR governs...New York State.


Asked on 12/30/09, 3:33 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

You have a questions on procedural versus substantive rules. Substantive rules touch on the right to a legal remedy. Procedural rules touch on the process of obtaining those rights. If comparing the old with the new rule and there is no impact on your substantive rights then the problem may be solved. If, however, the later change effects your substantive rights, then it is a change to the underlying substantive rule with respect to rights and privileges and you can request an application of the old rule.

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Answered on 1/12/10, 4:57 am


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