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

Case No. 2025 NY Slip Op 02370 [237 AD3d 1139]
Regular Panel Decision
Apr 23, 2025

Whitfield v. Law Enforcement Employees Benevolent Assn.

The plaintiff, John "Divine G" Whitfield, doing business as Divine G Entertainment, appealed an order from the Supreme Court, Kings County, which granted the defendants' motion to dismiss his amended complaint. Whitfield had sued Law Enforcement Employees Benevolent Association (LEEBA) and its members for fraud and unjust enrichment, alleging inadequate payment for website and paralegal services. The Appellate Division affirmed the Supreme Court's decision, finding that Whitfield failed to adequately allege injury for fraud and that civil conspiracy claims stand or fall with the underlying tort. The court also determined that defendants were not unjustly enriched and that the plaintiff failed to establish an employer-employee relationship necessary for Labor Law and FLSA claims. Additionally, claims for intentional and negligent infliction of emotional distress were dismissed for failing to meet rigorous standards, and piercing the corporate veil was not adequately pleaded.

FraudUnjust EnrichmentEmployment RelationshipQuantum MeruitLabor LawFLSAEmotional DistressCorporate VeilPiercing Corporate VeilPleading Sufficiency
References
26
Case No. MISSING
Regular Panel Decision

Silberberg v. Board of Elections

This is an action seeking a preliminary injunction to prevent the enforcement of New York Election Law § 17-130(10), which prohibits voters from displaying their marked ballots. The plaintiffs, who wish to take and share "ballot selfies," argue that the law infringes upon their First Amendment right to freedom of speech. The court considered the standing of the plaintiffs, the standards for a preliminary injunction, and the likelihood of success on the merits, including whether polling places constitute a public forum, the law's viewpoint neutrality, and its reasonableness in protecting election integrity against voter bribery and intimidation. The court ultimately denied the motion for a preliminary injunction, finding that the law is a reasonable, viewpoint-neutral regulation in a nonpublic forum, and that granting an injunction so close to the election would disrupt the electoral process and not serve the public interest.

Election LawFirst AmendmentFreedom of SpeechBallot SelfiesVoter IntimidationVote BuyingPreliminary InjunctionPublic Forum DoctrineViewpoint NeutralityReasonableness Standard
References
30
Case No. ADJ11233967
Regular
Feb 07, 2019

DANIEL AIKIN vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT

The defendant, County of Orange Sheriff's Department, sought reconsideration of an award granting full salary in lieu of temporary disability benefits to a supervising deputy coroner, Daniel Aikin, for a knee injury. The department argued Aikin's position is not explicitly listed in Labor Code section 4850 and his duties do not clearly constitute active law enforcement. However, the Appeals Board affirmed the award, finding that Aikin, as a sworn peace officer with P.O.S.T. certification, engages in hazardous duties at crime scenes, carries law enforcement emblems, and has performed arrests, thus his functions fall within the scope of active law enforcement service. Therefore, the petition for reconsideration was denied.

Labor Code section 4850Supervising Deputy CoronerActive Law EnforcementSworn Peace OfficerP.O.S.T. CertificationCumulative Trauma InjuryLeft KneeTemporary DisabilitySalary ContinuationPetition for Reconsideration
References
2
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Elizabeth A. Horton Memorial Hospital

A proceeding was initiated by the State Division of Human Rights to enforce an order against Elizabeth A. Horton Memorial Hospital. The hospital had discriminated against a female employee by denying disability benefits for pregnancy-related disability, despite being a self-insured employer providing benefits under the Workers' Compensation Law. The State Division's order, affirmed by the State Human Rights Appeal Board, directed the hospital to pay benefits, furnish proof, and establish a nondiscrimination policy. The hospital failed to comply, leading to this enforcement action almost two years after the Appeal Board's order. The court granted the petition for enforcement, denied the hospital's cross-motion, found the enforcement proceeding timely and not barred by laches, and affirmed that the original discrimination finding was supported by substantial evidence.

Sex DiscriminationPregnancy Disability BenefitsEnforcement ProceedingHuman Rights LawWorkers' Compensation LawTimelinessLachesSubstantial EvidenceEmployer DiscriminationDisability Benefits Denial
References
4
Case No. MISSING
Regular Panel Decision
Feb 10, 1998

Turchioe v. AT&T Communications, Inc.

Plaintiff, a laborer, sustained a back injury while manually transporting a heavy ductlift up a stairway with a co-worker, alleging the co-worker crouched and shifted the full weight onto him. The initial order granted summary judgment dismissing the plaintiff's Labor Law § 240 (1) and § 241 (6) claims. The appellate court modified this, dismissing the complaint in its entirety, including all cross claims and third-party actions. The Labor Law § 240 (1) claim was dismissed as the lifting activity was not a 'special hazard'. The Labor Law § 241 (6) claim lacked evidence of lighting violations or causation by debris. The Labor Law § 200 and common-law negligence claims were dismissed due to the absence of supervisory control by the owner or general contractor over the work.

Labor LawWorkplace InjurySummary JudgmentConstruction AccidentThird-Party ClaimsCommon Law NegligenceSupervisory ControlAppellate DecisionPremises LiabilityWorker Safety
References
4
Case No. 1:11-cv-1525
Regular Panel Decision
Sep 24, 2018

N.Y.S. Law Enforcement Officers Union Council 82 v. Cuomo

This case involves a dispute between various New York State employee unions and retired employees (Plaintiffs) against the State of New York and several state officials (Defendants). Plaintiffs alleged that Defendants' unilateral increase in health insurance contribution rates for active and retired employees violated their rights under the Contracts Clause and Due Process Clauses of the U.S. and New York State Constitutions, and constituted a breach of contract and violation of Civil Service Law § 167. Plaintiffs also challenged the constitutionality of Chapter 491 of the Laws of 2011. The Court granted Defendants' motion for summary judgment, finding that the collective bargaining agreements did not establish a contractual right to perpetually fixed health insurance premium contribution rates, and therefore no substantial impairment of contract occurred. Even if there were an impairment, the Court found the state's actions were a reasonable and necessary response to a significant fiscal crisis. The Court also dismissed Plaintiffs' due process and state law claims, including the breach of contract and ultra vires claims, concluding that no protected property interest existed in fixed contribution rates, and adequate state remedies were available.

Contracts ClauseDue ProcessHealth Insurance PremiumsRetiree BenefitsCollective Bargaining AgreementCivil Service LawSummary JudgmentFiscal CrisisState EmployeesPublic Sector Unions
References
0
Case No. MISSING
Regular Panel Decision

Council of City of New York v. Bloomberg

The New York City Council initiated a CPLR article 78 proceeding to compel the Mayor and the City of New York to enforce the Equal Benefits Law. This local law mandated that city agencies could only contract with firms providing equal employment benefits to domestic partners and spouses. The Mayor refused enforcement, arguing the law was preempted by state and federal statutes. The Appellate Division dismissed the proceeding, a decision upheld by this court. The Court concluded that the Equal Benefits Law was preempted by General Municipal Law § 103 due to competitive bidding requirements and by ERISA for its regulation of employee benefit plans, rejecting the Council's market participant argument.

Equal Benefits LawPreemptionCompetitive BiddingGeneral Municipal LawERISAEmployee BenefitsDomestic PartnersSpousal BenefitsMarket Participant ExceptionArticle 78 Proceeding
References
18
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision
Aug 29, 2012

Abbott v. Crown Mill Restoration Development, LLC

This case concerns appeals from the Supreme Court, Onondaga County, primarily focusing on a plaintiff's Labor Law and common-law negligence action against Crown Mill Restoration Development, LLC. Following Crown Mill's default at a damages inquest, a default judgment was entered. The plaintiff then initiated an enforcement action, seeking to pierce the corporate veil to hold Crown Mill's owner, Vito William Lucchetti, Jr., and several related entities liable. Crown Mill moved to vacate the default judgment, citing law office failure and Workers' Compensation Law defenses. The appellate court modified the lower court's order, vacating the default judgment's damages award and remitting for a new assessment, while affirming the denial to fully vacate the default due to Crown Mill's failure to provide a reasonable excuse. Appeals concerning dismissal of the enforcement action and a stay of discovery were also addressed, with one deemed moot.

Default JudgmentVacate JudgmentAmended ComplaintLabor LawCommon-Law NegligenceCorporate Veil PiercingWorkers' Compensation LawLaw Office FailureDamages AssessmentMoot Appeal
References
31
Case No. MISSING
Regular Panel Decision

State Commission for Human Rights v. Mullen

The New York State Commission Against Discrimination, as petitioner, filed a motion under Executive Law § 298 seeking judicial enforcement of its order, dated December 3, 1963, against unnamed respondents. This original order stemmed from a hearing concerning alleged unlawful discriminatory practices. The petitioner aimed to secure court benediction for the order, enabling contempt as a remedy for any future violations. The court reviewed Article 15 of the Executive Law, confirming that section 298 permits the commission to obtain such an enforcement order. Consequently, the motion was granted, authorizing the issuance of an order to enforce the commission's original directive.

Enforcement MotionExecutive LawDiscriminatory PracticesStipulationContempt RemedyJudicial ReviewOrder EnforcementNew York LawAdministrative OrderHuman Rights Commission
References
2
Case No. MISSING
Regular Panel Decision

Ronkese v. Tilcon New York, Inc.

Plaintiff, injured while working for Tilcon New York, Inc., sought to enforce a settlement stipulation that included the satisfaction of a workers' compensation lien. Defendant Tilcon argued that no such lien applied as the recovery was against an employer, not a third-party tortfeasor, and that federal maritime law precluded state workers' compensation benefits. The Supreme Court partially sided with defendant, denying the lien enforcement but awarding counsel fees. The appellate court reversed, holding that Workers' Compensation Law § 29 does apply to claims against employers and that federal law did not bar the plaintiff's claim for apportionment of litigation costs. The case was remitted to determine the equitable share of litigation expenses, while the counsel fee award was reversed.

Workers' Compensation LawLien EnforcementStipulation of SettlementEquitable ApportionmentLitigation CostsEmployer LiabilityFederal Maritime LawJones ActJudicial EstoppelAppellate Review
References
15
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