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Case Law Database

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

Case No. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
3
Case No. 2023 NY Slip Op 03883 [218 AD3d 24]
Regular Panel Decision
Jul 20, 2023

Matter of Ellenberg

Robert L. Ellenberg, an attorney, was charged with professional misconduct by the Attorney Grievance Committee, including improper notarization, unauthorized signing and submission of settlement documents, neglect, and failure to communicate with a client. The parties reached a joint agreement for a two-month suspension, which the Appellate Division, First Department, granted. The court considered Ellenberg's conditional admissions, prior admonition, and substantial experience as aggravating factors, balanced by mitigating factors such as cooperation, remorse, absence of selfish motive, and his long, generally unblemished career, concluding that a two-month suspension was appropriate for his two acts of deception.

Attorney Disciplinary ActionProfessional MisconductNotarization IrregularitiesUnauthorized Document SubmissionClient Communication FailureNeglect of Legal MatterForged SignaturesTwo-Month SuspensionAppellate Division DecisionMitigation Factors
References
9
Case No. MISSING
Regular Panel Decision

People v. Orse

The defendant appealed a conviction for robbery in the first degree from the Supreme Court, Queens County. The appellate court found two significant errors during the trial: the improper admission of rebuttal testimony solely to impeach the credibility of the main alibi witness on a collateral issue, and the erroneous admission of bolstering identification testimony from the arresting officer. Additionally, the jury instructions were flawed as they seemed to shift the burden of proving alibi to the defendant and lacked a similar scrutiny admonition for identification testimony. Considering the tenuous nature of the identification evidence and these cumulative errors, the judgment was reversed, and a new trial was ordered in the interest of justice.

Criminal ProcedureEvidentiary ErrorsWitness CredibilityAppellate ReviewIdentification TestimonyAlibi DefenseJury Charge ErrorReversible ErrorDiscretionary ReversalInterest of Justice
References
11
Case No. MISSING
Regular Panel Decision

People v. Fisher

The defendant was convicted of various sex offenses based on the testimony of his two nieces. The alleged abuse was not medically confirmed, and the defense suggested the children's mother instigated the accusations, possibly for financial motives. A crucial witness, Raymond Burse, claimed the defendant confessed, but the defense argued Burse obtained information from legal papers and received a benefit for his testimony. The prosecutor's summation was found to be improper due to bolstering witness credibility without evidence, minimizing Burse's benefit, and making an inappropriate admonition to the jury. The defense counsel's failure to object to these highly prejudicial instances of prosecutorial misconduct led to a finding of ineffective assistance of counsel, resulting in the reversal of the Appellate Division's order and the ordering of a new trial.

Criminal LawSex OffensesWitness CredibilityProsecutorial MisconductIneffective Assistance of CounselAppellate ReviewNew TrialJury InstructionsPrior Consistent StatementsParole Board
References
3
Case No. MISSING
Regular Panel Decision

In re Thalasinos

The respondent, Jonathan N. Thalasinos, a New York attorney, was charged by the Departmental Disciplinary Committee (DDC) with aiding a suspended attorney in the unauthorized practice of law and making intentional misrepresentations to the Committee. Despite being aware of the suspension, Thalasinos worked for the suspended attorney from 2007-2010 in immigration law, hoping to learn the field for his own future practice. He also signed a false statement to the DDC regarding his involvement in client matters. After hearings, the Referee recommended a three-year suspension, which the Hearing Panel modified to 2.5 years. The Appellate Division, considering mitigating factors like remorse and public service, and aggravating factors like prior admonition and dishonesty, ultimately imposed a one-year suspension.

Attorney MisconductProfessional EthicsUnauthorized Practice of LawMisrepresentationDisciplinary CommitteeAttorney SuspensionMitigating FactorsAggravating FactorsImmigration LawNew York Bar
References
11
Case No. MISSING
Regular Panel Decision

In re Ioannou

Respondent John M. Ioannou, an attorney in New York, faced disciplinary charges for professional misconduct, including improper withdrawal of legal fees in the Leifer matter, failure to notify a former attorney of settlement funds, and neglect of a personal injury case in the Campos matter. Ioannou admitted to most charges, attributing his neglect to his wife's serious illness and presenting evidence of mitigation, despite having received two prior admonitions. The Hearing Panel recommended public censure. Further issues arose when a check issued by Ioannou to satisfy a worker's compensation lien in the Campos matter was dishonored. After a court-ordered inquiry and subsequent investigation, the court confirmed the findings of misconduct and ordered John M. Ioannou to be publicly censured, taking into account his mitigation efforts and eventual amends.

Attorney MisconductProfessional DisciplineEscrow ViolationClient NeglectDishonored CheckMitigationPublic CensurePrior AdmonitionsJudicial EthicsLegal Professional Conduct
References
3
Case No. MISSING
Regular Panel Decision

Jermosen v. Coughlin

This order addresses an incarcerated plaintiff's claims stemming from the New York State Department of Corrections' handling of two misbehavior reports. The court reviews and adopts in part a Magistrate Judge's Report and Recommendation. It denies the plaintiff's requests for counsel and various discovery motions. Summary judgment is granted for defendant Coughlin on all claims but denied for defendant Selsky regarding absolute immunity. The court also denies the dismissal of the plaintiff's complaint for abusive language, with a strong admonition. However, claims based on alleged threats and harassment, and First Amendment violations at the September 13 hearing, are dismissed or summary judgment granted to defendants. Critically, the court grants the plaintiff leave to amend his complaint to clarify due process claims related to the December 24, 1990 hearing and subsequent confinement, his pre-hearing confinement from December 22-24, 1990, and the eighteen-day post-reversal confinement, recognizing sufficient issues of fact to preclude summary judgment on these matters.

Inmate RightsDue ProcessKeeplock ConfinementDisciplinary HearingSummary JudgmentQualified ImmunityAbsolute ImmunityFirst AmendmentCivil RightsPrisoner Litigation
References
27
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