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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Knudsen v. Nassau County Department of Social Services

Thomas and Carol Knudsen initiated an Article 78 proceeding against the Nassau County Department of Social Services, challenging three determinations. First, the denial of emergency assistance for clothing destroyed by pinworms was challenged, with the court ruling that the county's reliance on a State regulation limiting emergency assistance was invalid. The defense was struck, and the request was remanded for re-evaluation. Second, the reduction of their Aid to Dependent Children grant in December 1973, without proper notice and opportunity for a hearing, was annulled. Third, the denial of assistance to Mr. Knudsen in January 1974, due to the department's failure to transfer his name for supplemental security income, was also addressed. The court granted judgment in favor of the petitioners, directing relief consistent with its rulings and ordering the Commissioner of the Nassau County Department of Social Services to appear and explain the department's persistent policy regarding emergency assistance limitations.

Emergency AssistanceSocial Services LawPublic AssistanceAid to Dependent ChildrenWelfare BenefitsDue ProcessFair HearingAdministrative LawStatutory InterpretationNassau County DSS
References
27
Case No. ADJ7616554
Regular
Mar 30, 2012

MARCO ORTIZ, Deceased, LLUVIA DIAZ ORTIZ vs. COUNTY OF ALAMEDA, ALAMEDA COUNTY SHERIFF'S DEPARTMENT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has granted reconsideration of a January 9, 2012 decision concerning the deceased worker Marco Ortiz, with Lluvia Diaz Ortiz as applicant, against the County of Alameda and its Sheriff's Department. Reconsideration was sought by the defendant. The Board believes further study of the factual and legal issues is necessary to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAlameda County Sheriff's DepartmentSedgwick Claims Management ServicesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemMarguerite SweeneyRaymond E. Frost & Associates
References
0
Case No. 93 CV 4888 (ADS)
Regular Panel Decision

Wenzel v. Nassau County Police Department

The plaintiff, Mary Ann Wenzel, a former Nassau County Police Officer, sued the Nassau County Police Department under 42 U.S.C. § 1983, alleging civil rights violations and intentional infliction of emotional distress. The defendants sought dismissal, claiming the statute of limitations had expired. Wenzel argued for tolling the statute due to insanity under CPLR § 208. Magistrate Judge Viktor V. Pohorelsky recommended against tolling, finding Wenzel capable of protecting her legal rights. District Judge Spatt adopted this recommendation, ruling that Wenzel did not meet the "insanity" criteria for tolling the statute of limitations. Consequently, the defendants' motion for judgment on the pleadings was granted, and the case was dismissed.

Civil RightsStatute of LimitationsTolling ProvisionInsanity Defense42 U.S.C. Section 1983CPLR Section 208Federal Rules of Civil ProcedureJudicial ReviewMotion to DismissDepression
References
9
Case No. MISSING
Regular Panel Decision

Anderberg v. New York State Department of Environmental Conservation

The petitioners, residents along Clove Road, initiated a CPLR article 78 proceeding against the New York State Department of Environmental Conservation (DEC) and Ulster County Department of Public Works (Ulster County). The proceeding challenged DEC's decision to issue a stream disturbance permit for the replacement of a bridge on Clove Road, arguing that the project required a full State Environmental Quality Review Act (SEQRA) review, including an environmental assessment form (EAF). DEC and Ulster County classified the project as a Type II action, asserting it was a "replacement in kind" and thus exempt from comprehensive SEQRA review. The court found that the respondents had adequately considered environmental factors and that their classification of the project was not arbitrary or capricious. Consequently, the court dismissed the petition, ruling that no further SEQRA review was necessary. Additionally, the court denied the petitioners' motion for a default judgment against the Town of Gardiner concerning two other bridges, deeming the request premature.

Environmental LawSEQRA ComplianceBridge ConstructionAdministrative ReviewType II ActionStream Disturbance PermitPublic Works ProjectJudicial ScrutinyUlster CountyNew York State DEC
References
7
Case No. MISSING
Regular Panel Decision

Liss v. Nassau County

Barry Liss filed claims against Nassau County and its departments, alleging disability discrimination under the ADA and NYSHRL. Liss sustained work-related injuries and was diagnosed with multiple sclerosis, requiring accommodations for working at heights and in hot temperatures. He contended that the defendants failed to provide reasonable accommodations, leading to further injuries. The court denied the defendants' motion to dismiss the ADA claims, finding them not time-barred and issues of fact regarding reasonable accommodation and qualification. However, state law claims for NYSHRL and intentional infliction of emotional distress, along with punitive damages, were dismissed due to the plaintiff's failure to file a timely Notice of Claim and the non-recoverability of punitive damages against municipal defendants.

ADANYSHRLDisability DiscriminationReasonable AccommodationFailure to AccommodateEmployment LawStatute of LimitationsMotion to DismissNassau CountyMultiple Sclerosis
References
24
Case No. CA 16-00579
Regular Panel Decision
Mar 24, 2017

GLOGOWSKI, JAMES K. v. COUNTY OF ORLEANS

Petitioner, a licensed land surveyor, initiated a CPLR article 78 proceeding against the County of Orleans, its Department of Health, and two individuals, seeking to compel approval of his septic system design for a farmhouse intended for migrant farm workers. The County denied the design, classifying the farmhouse as commercial and requiring a professional engineer's input. The Supreme Court dismissed the petition. The Appellate Division reversed, finding the County's interpretation of Education Law § 7208 (n) flawed. The court clarified that the design was "of a minor nature" for an individual lot, not a commercial building, and that the County erred in disqualifying the petitioner. The judgment was reversed, the petition reinstated, the County's determination annulled, and the case remitted for further proceedings.

Land SurveyorProfessional LicenseSeptic SystemDesign ApprovalEducation LawCPLR Article 78Statutory InterpretationAdministrative LawCounty Department of HealthFarmhouse
References
3
Case No. MISSING
Regular Panel Decision

County of Westchester v. Arfmann

The case concerns public employees of the Westchester County Department of Public Welfare who engaged in a strike starting March 1, 1967, resulting in a motion for a temporary injunction by the County of Westchester. The employees, including the Westchester Welfare Workers Association, picketed county offices due to reported issues like case overloads and poor working conditions. While defendants claimed illness and presented testimony from a psychiatrist regarding 'adult situational stress reactions,' the court found that the mass absence constituted a strike interfering with welfare services. The court ruled that Section 807 of the Labor Law, which forbids injunctions in labor disputes, does not apply to public employees. Consequently, the court granted the plaintiff's motion for a temporary injunction.

Public Sector StrikeTemporary InjunctionLabor DisputeCivil Service LawEmployee ProtestWestchester CountyWelfare DepartmentIllegal StrikePicket LinesGovernment Employees
References
1
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
Case No. MISSING
Regular Panel Decision

Friel v. County of Nassau

The plaintiff, Barbara Friel, a female police officer, sued the County of Nassau and Nassau County Police Department, alleging gender discrimination and retaliation. Her claims were brought under Title VII, 42 U.S.C. §§ 1981 and 1983, the United States Constitution, the NYSHRL, and a breach of collective bargaining agreement. Friel alleged that a change in extradition policy, requiring detectives to be the same gender as detainees for certain transfers, disproportionately affected female detectives by reducing assignments and overtime. She also claimed retaliation for opposing the policy, citing a computer usage audit and denial of extradition requests. The court denied the defendants' motion to dismiss claims related to gender discrimination under § 1983 and Title VII, retaliation under § 1983, and breach of contract, but granted the motion to dismiss NYSHRL claims and the Title VII retaliation claim due to procedural issues.

Gender DiscriminationRetaliationTitle VIISection 1983Equal Protection ClauseFirst AmendmentCollective Bargaining AgreementMotion to DismissEmployment LawPolice Department
References
108
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