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ECD NY, Inc V Britt Realty, LLC New York Law Journal Form

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ECD NY, Inc V Britt Realty, LLC New York Law Journal Form

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number fourteen matter of o'donnell versus erie county [Applause] [Applause] good afternoon counsel good afternoon your honor i would like to request a two minutes for rebuttal please may it please the court my name is Matthew Hoffman I represent the appellant Erie County in this manner first as an initial matter it must be noted that I think all parties are now in agreement that the particular board decisions subject to an appeal is inconsistent with both the board's prior decisions and its subsequent decisions addressing the nature of the permissive inference outlined by this court in Zamora therefore the simplest and most logical explanation for this court to remand the matter for the board to either a issue a decision consistent was that argument preserved below well at all stages the the employer has pointed out that this decision is inconsistent with the Board's decisions addressing the nature of the inference so I would say yes by by outlining to the the

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