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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

Claim of Groth v. Daimler Chrysler Corp.

This legal motion pertained to a request for leave to appeal from an Appellate Division order. The Appellate Division had previously denied reargument in the underlying case. The court dismissed the motion for leave to appeal, reasoning that the Appellate Division's order did not constitute a final determination as defined by the Constitution. Separate from this, any other aspects of the motion for leave to appeal were also denied.

References
1
Case No. MISSING
Regular Panel Decision

In re Zachari

A motion for leave to reargue or for leave to appeal to the Court of Appeals was denied. The decision included an award of $10 costs. Justices Breitel, Rabin, Valente, Eager, and Steuer concurred with the decision.

Motion to ReargueLeave to AppealCourt of AppealsCosts AwardedJudicial Concurrence
References
0
Case No. MISSING
Regular Panel Decision

Duralite Co. v. Local 222, Metal, Plastics, Miscellaneous Sales, Novelty and Production Workers

A motion for leave to reargue or for leave to appeal to the Court of Appeals was denied, with an imposition of $10 costs. The decision was concurred by Justice Presiding Breitel, along with Justices Rabin, M. M. Frank, Valente, and McNally.

Motion to ReargueLeave to AppealCourt of AppealsCosts AwardedConcurring JusticesAppellate DivisionDenial of Motion
References
0
Case No. MISSING
Regular Panel Decision

Lombardi v. City of New York

The administratrix of Albert Lombardi's estate sought recovery from the City of New York for her deceased husband's earned, unused, and unpaid terminal leave, annual leave, and overtime service. Both parties moved for summary judgment. The court denied the claim for unused annual leave, finding no agreement authorizing cash payments for it. However, the court granted the claim for overtime compensation earned on and after January 1, 1971, based on a comptroller's determination explicitly providing for cash payment. Additionally, the court granted the claim for terminal leave allowance, deeming it an earned benefit payable in cash. The case will proceed to an assessment of damages.

Summary judgmentTerminal leaveAnnual leaveOvertime compensationPublic employeesCollective bargaining agreementEstate claimCity of New YorkComptroller's determinationWages
References
21
Case No. MISSING
Regular Panel Decision

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied
References
0
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision

Claim of Pegoraro v. Tessy Plastics Corp.

The motion, seeking leave to appeal from an Appellate Division order denying reargument or, alternatively, leave to appeal to the Court of Appeals, was dismissed because the order does not constitute a final determination of the proceeding as defined by the Constitution. All other aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ProcedureJurisdictionFinality of OrderCourt of AppealsReargumentConstitutional Law
References
0
Case No. MISSING
Regular Panel Decision

Claim of the Estate of DeRosa v. Evans Plumbing & Heating Co.

This legal text describes a motion wherein the movants sought leave to appeal an Appellate Division order related to a Workers' Compensation proceeding. The motion was dismissed because the movants had already pursued leave to appeal the same Appellate Division order in the Court of Appeals, as indicated by a prior ruling. Additionally, any other aspects of the motion for leave to appeal were denied. The court cited *Selinger v Selinger* as a precedent for its decision to dismiss the current application for leave to appeal.

Workers' CompensationLeave to AppealAppellate DivisionCourt of AppealsMotion DismissedMotion DeniedPrior ApplicationJudicial PrecedentProcedural Ruling
References
2
Case No. MISSING
Regular Panel Decision

Hroncich v. Edison

The City of New York filed a motion for leave to file a brief amicus curiae and for leave to appear amicus curiae on an appeal. The court granted both motions, accepting the proposed brief as filed. For the appearance amicus curiae, the leave was granted only to the extent that the proposed brief was accepted. The City is required to serve two copies and file nineteen copies of the brief within seven days. Chief Judge Lippman did not participate in this decision.

Amicus CuriaeMotion PracticeLeave to AppealBrief FilingProcedural OrderCourt of AppealsNew York Law
References
0
Case No. MISSING
Regular Panel Decision

In re the Estate of Green

This proceeding involves an uncontested application for leave to settle and compromise a wrongful death action stemming from a fire on December 4, 1980, which resulted in the death of the decedent, survived by a spouse and three children. The proposed structured settlement totals $5,650,000, comprising a cash payment and annuities purchased through Metropolitan Life Insurance Company, designed to provide guaranteed periodic payments of $37,674,000. The court addresses several issues, including the propriety of attorney's fees, the allocation of annuity costs among beneficiaries based on the Kaiser formula, and potential modifications to equalize shares among the children. The court found the proposed allocation unacceptable as it granted the widow significantly more than her Kaiser share and penalized the children, and also identified drawbacks in the guardian ad litem's suggestion due to its impact on the youngest child from inflation and a substantial reduction in their Kaiser entitlement. The decision concludes by proposing modifications to the guardian's plan, including increasing annual support and adjusting shares between the middle and youngest child, and ultimately remands the matter for reconsideration due to the changes affecting the parties and the widow's annuity.

Wrongful Death SettlementStructured SettlementAnnuity AllocationPecuniary LossDependency PeriodBeneficiary SharesKaiser FormulaGuardian Ad LitemAttorney's FeesEstate Distribution
References
4
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