«If the court will not enforce the Legislature's
clear and unambiguous
intent in the Stull Act, then their refusal underscores the need for Governor Brown to
sign AB 2826, clarifying the measures
of student progress that must be used in the evaluation
of educators,» Welch said.
128 DOS 93 Matter
of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework
of the pleadings»; broker's authorization to execute lease on behalf
of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack
of written authority for broker to
sign for landlord); broker is undisclosed «double agent» - thus «fails to make
clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack
of intent to mislead considered in mitigation; restitution
of unearned commission