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Case No. 2025 NYSlipOp 01223

Regular Panel Decision

Mar 05, 2025

Matter of Poli v. Titov

Aleksey Titov appealed an order of commitment from the Family Court, Rockland County, which found him in violation of a temporary order of protection eight times and committed him to 48 months in jail. The order stemmed from a family offense proceeding initiated by Sara Poli after their relationship ended, following Titov's alleged attempt to enter her apartment with an axe. The Family Court imposed consecutive maximum penalties for each violation. Titov argued the aggregate term exceeded the statutory maximum for criminal contempt. The Appellate Division affirmed the order, holding that while the aggregate term exceeded the statutory limit, it is deemed equal to the legally authorized limit, thus requiring no modification, and found the sentence not excessive.

Family Court ActOrder of ProtectionCriminal ContemptSentencingConsecutive SentencesStatutory MaximumAppellate ReviewFamily OffenseDomestic ViolenceIncarceration

References

Case No. ADJ7534090

Regular

Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations

References

Case No. 11-CV-3625

Regular Panel Decision

Feb 13, 2014

Joseph v. Owens & Minor Distribution, Inc.

Plaintiff Haney Joseph, an African-American man of Haitian descent, sued his employer, Owens & Minor Distribution, Inc., for race and national origin discrimination and retaliation under Title VII, NYSHRL, and NYCHRL. Joseph alleged disparate pay, denial of training, and racially insensitive remarks from a colleague, Mark Davis. His employment was terminated following an incident with a client, Aleksey Manashir, who expressed dissatisfaction with Joseph. Joseph contended his termination was retaliatory for his complaints of racial discrimination. The court granted the defendant's motion for summary judgment, finding that Joseph failed to establish a prima facie case for discrimination, and even if he had, the defendant presented a legitimate, non-discriminatory reason (customer dissatisfaction) which Joseph could not prove was a pretext for discrimination or retaliation. The court also dismissed NYCHRL claims.

DiscriminationRetaliationTitle VIINYSHRLNYCHRLSummary JudgmentRace DiscriminationNational Origin DiscriminationEmployment LawCustomer Relations

References

120

Case No. 2015 NY Slip Op 08399 [133 AD3d 733]

Regular Panel Decision

Nov 18, 2015

Podobedov v. East Coast Construction Group, Inc.

The plaintiff, Aleksey Podobedov, was injured on a construction site when struck by falling concrete while working for subcontractor IBK Enterprises, Inc. He sued the general contractor, East Coast Construction Group, Inc., and owner, Clinton West Partners, LLC, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants filed a third-party complaint against IBK for contractual indemnification. All parties moved for summary judgment, which the Supreme Court, Kings County, denied, finding triable issues of fact. The Appellate Division affirmed the Supreme Court's order, concluding that none of the parties had made a prima facie showing of entitlement to judgment as a matter of law regarding the Labor Law claims or the issue of contractual indemnification, thus requiring a jury determination.

Construction accidentpersonal injuryLabor Law § 240(1)falling objectsummary judgmentcontractual indemnificationAppellate Divisionprima facietriable issue of factsubcontractor liability

References

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Matter of Poli v. Titov

Family Court ActOrder of ProtectionCriminal ContemptSentencingConsecutive SentencesStatutory MaximumAppellate ReviewFamily OffenseDomestic ViolenceIncarceration

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

Joseph v. Owens & Minor Distribution, Inc.

DiscriminationRetaliationTitle VIINYSHRLNYCHRLSummary JudgmentRace DiscriminationNational Origin DiscriminationEmployment LawCustomer Relations

Podobedov v. East Coast Construction Group, Inc.

Construction accidentpersonal injuryLabor Law § 240(1)falling objectsummary judgmentcontractual indemnificationAppellate Divisionprima facietriable issue of factsubcontractor liability