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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. 2018 NY Slip Op 01108 [158 AD3d 965]
Regular Panel Decision
Feb 15, 2018

Matter of Williams v. New York State Off. of Temporary Disability & Assistance

Claimant, Theresa J. Williams, appealed a Workers' Compensation Board decision denying her claim for benefits. She alleged an elevator door struck her, causing sprains and contusions. The Workers' Compensation Law Judge (WCLJ) and the Board disallowed the claim, finding she exaggerated the incident and her injuries did not arise from employment, based significantly on video surveillance that contradicted her account. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing the Board's authority to resolve factual issues and assess witness credibility. The court concluded that the Board's determination was supported by substantial evidence and that there was no medical opinion establishing causation based on the incident as depicted in the video.

Workers' Compensation BenefitsAccidental InjuryCourse of EmploymentCredibility AssessmentVideo Surveillance EvidenceElevator IncidentClaim DisallowanceBoard Decision AffirmationFactual Issue ResolutionSubstantial Evidence Review
References
6
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. MISSING
Regular Panel Decision

In re South Shore Tobacco & Candy Co.

The coassignees moved for an order settling their final account, fixing their commissions, and granting allowances to their attorneys and accountants. Arthur Kerner, Esq., representing himself and unsecured creditors, opposed the requested amounts, deeming them excessive and questioning the administration of the estate. The court had previously denied the motion and requested additional documentation and explanations. After reviewing new submissions and the case file, the court largely sided with the objector, significantly reducing the requested commissions and fees for the coassignees, their attorneys, and accountants based on established guidelines for economy and efficiency in estate administration.

Assignment for Benefit of CreditorsCommissionsAttorneys' FeesAccountants' FeesEstate AdministrationDebtor and Creditor LawJudicial ReviewCompensation GuidelinesFiduciary DutiesObjections to Fees
References
16
Case No. MISSING
Regular Panel Decision

In re Kornrich

Philip J. Shore, beneficiary of an inter vivos trust, through his guardian ad litem, sought the removal of trustee Georgina Vassiliou, Esq., for her failure to account as directed by a prior court order. Vassiliou, who drafted the trust instrument naming herself as grantor and trustee, argued that the trust terms exempted her from accounting during the beneficiary's lifetime. The court found that such a provision, attempting to render a fiduciary unaccountable, is void as against public policy, as expressed in EPTL 11-1.7, and applies equally to inter vivos trusts where beneficiaries cannot protect their interests. The court also denied Vassiliou's motion to dismiss the guardian's petition and her requests for reargument or renewal, finding them procedurally defective and lacking merit. Ultimately, the court granted the application for Vassiliou's removal as trustee and for permission to take and state her account, while denying all of Vassiliou's motions.

Inter Vivos TrustTrustee RemovalFiduciary DutyAccountingPublic PolicyEPTL 11-1.7Guardian ad LitemBeneficiary RightsProfessional EthicsSurrogate's Court
References
18
Case No. MISSING
Regular Panel Decision

Pellegrini v. Reidy

Petitioner's application for medical assistance was denied due to the transfer of $30,000 to her daughters within 24 months of the application, which was presumed to be for the purpose of qualifying for assistance. The court rejected the petitioner's argument that the transfer was for care provided by her daughters, finding insufficient evidence to rebut the statutory presumption. The court also dismissed the petitioner's claim that the County Department failed its duty to protect her interests, noting this issue was not raised during the fair hearing. However, the court found merit in the petitioner's contention that the County Department failed to comply with the fair hearing determination requiring proper notice of ineligibility. Consequently, the determination was modified to mandate the Montgomery County Commissioner of Social Services provide the required notice, and as modified, confirmed.

medical assistancesocial services lawasset transfereligibilityCPLR article 78fair hearingadministrative reviewstatutory presumptionMontgomery Countydenial of benefits
References
4
Case No. MISSING
Regular Panel Decision
Feb 13, 1998

Castro v. Wing

The petitioner sought review of a determination by the New York State Office of Temporary and Disability Assistance, which upheld the Suffolk County Department of Social Services' decision to deny her application for public assistance and food stamp benefits. The denial was based on her failure to appear at a scheduled front end detection system (FEDS) interview, a requirement for eligibility. The petitioner argued she was misinformed by a case worker and did not see the notices. The court confirmed the determination, ruling that the FEDS review was an essential eligibility requirement and the petitioner failed to demonstrate good cause for her absence. A dissenting judge contended that the respondents did not provide substantial evidence that the petitioner refused to attend the interview, and that the FEDS process, established for fraud prevention, should not inherently preclude benefit application processing.

Public Assistance DenialFood Stamp BenefitsEligibility RequirementsFEDS InterviewAdministrative Due ProcessAgency Determination ReviewGood CauseFraud PreventionSuffolk County DSSNew York Social Services
References
4
Case No. MISSING
Regular Panel Decision

Brownley v. Doar

Doris Brownley and Janee Nelson, single mothers receiving Safety Net Assistance (SNA), sought a preliminary injunction to prevent their evictions, arguing the New York State Office of Temporary and Disability Assistance (OTDA) provided inadequate shelter allowances. They contended that Social Services Law § 159 incorporates the adequacy requirements of § 350 (1) (a) for families with children. The court denied OTDA's cross-motion to dismiss, ruling that plaintiffs had standing and were not required to exhaust administrative remedies due to the futility and risk of irreparable harm. Finding a likelihood of success on the merits, irreparable harm including potential homelessness and foster care for children, and a favorable balance of equities, the court granted the preliminary injunction, allowing the plaintiffs and their children to remain in their homes.

Shelter allowanceSafety Net AssistancePreliminary injunctionEviction preventionSocial Services LawHousing inadequacyPublic assistanceFamilies with childrenStandingAdministrative remedies
References
23
Case No. 5674395Z
Regular Panel Decision
Dec 01, 2011

Baines v. Berlin

Mashon Baines, a homeless and disabled mother of three, initiated a CPLR article 78 proceeding to challenge the New York State Office of Temporary and Disability Assistance's August 31, 2011 decision to discontinue her temporary housing assistance. This decision stemmed from an alleged altercation with a shelter director, Marilyn Gonzalez, during a fire drill, leading to Baines's arrest. Baines argued that her due process rights were violated because the discontinuance notice cited only the assault on Ms. Gonzalez, while the administrative decision was based on multiple uncharged wrongdoings and failed to adequately consider video evidence. The court found that respondents failed to adequately apprise Baines of all charges, thereby violating her due process rights, and consequently annulled the August 31, 2011 fair hearing decision. The court also granted Baines's request for attorneys' fees, costs, and disbursements.

Due ProcessAdministrative HearingHomeless AssistanceShelter BenefitsDiscontinuance of BenefitsNotice RequirementsCPLR Article 78Judicial ReviewAttorneys' FeesSelf-Incrimination
References
8
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