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Before an agency adopts a new rule, a public hearing: - ✔✔May be
required if there is a statute that specifically requires that a hearing be held.
When appearing before an administrative agency, a party: - ✔✔May be
represented by someone who is not an attorney (may be pro se).
If an agency's implementing statue is silent regarding whether an
adjudicatory hearing is required before a licensing decision is made: -
✔✔Due process may require a hearing be held, if there is a property right
at stake.
A motion to quash a subpoena issued by an administrative law judge
should be made, in the first instance to: - ✔✔The administrative law judge
that issued the subpoena.
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,An executive session may be conducted by a public body: - ✔✔Following a
majority vote of the pubic body taken in a public session identifying the
topics to be discussed.
Which one is required for general partnership? - ✔✔2 or more persons
defined as an individual or legal entity.
What is the consequence of organizing a registered limited liability
partnership (RLLP): - ✔✔Each member of the partnership is personally
liable for any negligent or wrongful act committed by him or by a person
under his direct supervision in rendering professional services on behalf of
the RLLP.
Which one of the following statements regarding business corporations is
false? - ✔✔Offers appointed by shareholders to manage on a day to day
basis.
In order to preserve their appraisal rights, shareholders who oppose an
amendment to the certificate of incorporation that limits their voting rights
must: - ✔✔Give written objection to the corporation before the vote is
taken.
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,An officer elected by the board of directors of a business corporation may
be removed by vote of the: - ✔✔Board of directors for cause or without
cause.
A lawyer who is a member of a law firm organized as a professional
service limited liability company is personally liable for professional
malpractice committed by: - ✔✔The lawyer herself and any persons in the
firm under her direct supervision and control.
In order for a director who is absent from a vote taken by a board of
directors to dissent from the action, the absent direction: - ✔✔Must cause
his dissent to be filed with the meant minutes within a reasonable time
after learning of the action.
Is service of process by email permitted in a civil action commenced in NY
State courts? - ✔✔Yes, but only where a court has issued order permitting
service of process by email.
Unless the court sets a specific date, the expiration of the time period for
which a party may file a motion for summary judgement is measured from
the date: - ✔✔The note of issue was filed.
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, If a non-resident commences an action against a D who has a condo in NY
county, but travels to Columbia County to their farmhouse every weekend,
the D's residence for the purpose of venue would be: - ✔✔Either Columbia
County or NY County.
The proper venue in an action against a municipality is: - ✔✔The county in
which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury - ✔✔ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by
clerk of the court: - ✔✔Time has not begun to run.
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