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

Case No. MISSING
Regular Panel Decision

Union Appointed Trustees of the Tapers Industry Insurance & Annuity Funds v. Employer-Appointed Trustees of the Tapers Industry Insurance & Annuity Funds

A dispute arose between the Employer-Appointed Trustees and Union-Appointed Trustees of the Tapers Industry Insurance and Annuity Funds concerning delinquent employer contributions. An arbitrator issued an award, which the Employer-Appointed Trustees sought to confirm and the Union-Appointed Trustees cross-moved to vacate. Judge Walker of the District Court reviewed the arbitration award, noting the arbitrator based his findings on prior judicial decisions rather than independently interpreting the collective bargaining agreement. The Court determined that the arbitrator failed to apply the contract as bargained for by the parties, thus exceeding his authority. Consequently, the Court vacated the arbitration award and remanded the dispute for proceedings consistent with its order.

Arbitration AwardVacate Arbitration AwardConfirm Arbitration AwardCollective Bargaining AgreementTrust FundsDelinquent ContributionsRes JudicataManifest Disregard of LawScope of Judicial ReviewLabor Dispute
References
12
Case No. MISSING
Regular Panel Decision

Massachusetts Mutual Life Insurance v. Avon Associates, Inc.

This case addresses a motion by defendants mortgagors to vacate an ex parte order appointing a receiver during a mortgage foreclosure action. Defendants asserted that the lack of notice for the receiver's appointment violated CPLR 6401 and their Federal constitutional due process rights, citing Fuentes v Shevin. The court found that New York's Real Property Actions and Proceedings Law § 1325 (subd 1) permits ex parte receiver appointments when the mortgage contract explicitly waives notice. Furthermore, the court distinguished the present case from Fuentes, concluding that the sophisticated business operators involved had knowingly and voluntarily waived their right to notice, akin to the circumstances in Overmyer Co. v Frick Co. Based on these findings, the court affirmed the validity of the ex parte order and denied the defendants' motion to vacate the appointment of the receiver.

Mortgage ForeclosureReceiver AppointmentEx Parte OrderDue ProcessWaiver of NoticeContractual WaiverCPLRReal Property Actions and Proceedings LawConstitutional LawBusiness Disputes
References
9
Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

Matter of Edgar V.L.

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. MISSING
Regular Panel Decision

In re SLM Corp. Securities Litigation

This Memorandum and Order addresses the appointment of a lead plaintiff in a securities class action against SLM Corporation. Initially, Westchester Capital Management, Inc. was appointed, but its Article III standing was questioned following a Second Circuit ruling in W.R. Huff Asset Mgmt. v. Deloitte & Touche LLP, which clarified that investment advisors without a valid assignment of claims lack standing. The court denied Westchester Capital's subsequent motion to approve a post-appointment assignment, reasoning it would not cure the initial lack of standing and presented unique legal issues for the class. Consequently, the court considered other movants for lead plaintiff, ultimately appointing SLM Venture, a joint venture with the largest financial interest, finding it satisfied the typicality and adequacy requirements under the PSLRA and Rule 23. Girard Gibbs & De Bartolomeo, LLP was approved as lead counsel for SLM Venture.

Securities Class ActionLead PlaintiffArticle III StandingInvestment AdvisorAssignment of ClaimsPSLRARule 23Typicality RequirementAdequacy RequirementSecond Circuit Law
References
18
Case No. MISSING
Regular Panel Decision
Mar 02, 2001

In re Mary J.

Respondent, a 91-year-old widowed woman suffering from a fractured hip and extreme dementia, was admitted to a nursing home. A petitioner initiated a proceeding under Mental Hygiene Law article 81 to appoint a guardian for her personal needs and property management. The Supreme Court found the respondent incapacitated and appointed her children, Harold J. and Patricia N., as coguardians. The court also revoked a durable power of attorney and health care proxy previously executed by the respondent, citing her incapacity at the time of execution. Respondent and her daughter, Viola J., appealed this decision. The appellate court affirmed the Supreme Court's order and judgment, concluding that the petition was sufficient, the appointment of guardians was proper, and the revocation of the power of attorney and health care proxy was justified. The court emphasized the need to keep the respondent in the Albany area, where she had resided all her life.

GuardianshipIncapacitated PersonDementiaMental Hygiene LawDurable Power of AttorneyHealth Care ProxyAppellate ReviewFiduciary DutyPersonal NeedsProperty Management
References
4
Case No. ADJ6502775, ADJ6498620, ADJ8109003, ADJ8115890
Regular
May 09, 2014

MARIA POHYAR vs. DEY LP, AMERICAN ZURICH INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the challenged order was not a "final order" subject to reconsideration. The WCAB also denied the Petition for Removal, agreeing with the Administrative Law Judge that the issue of whether the defendant Zurich is entitled to a new Qualified Medical Evaluator (QME) panel was only before the WCJ based on a procedural rule regarding appointment notification forms, not ex parte communications. The WCAB clarified that issues of ex parte communications and the applicability of related statutes and rules were not yet properly before the Board. Therefore, the applicant's request for the WCAB to assert jurisdiction and rule against Zurich on the QME panel issue was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalJurisdictionQualified Medical Evaluator (QME)Panel QMEDivision of Workers' Compensation (DWC) RulesLabor Code section 4062.3Ex parte communicationMedical Director
References
7
Case No. MISSING
Regular Panel Decision

In re the Appointment of a Guardian of Person & Property of Spingarn

Claire Spingarn, a 95-year-old woman with substantial assets, faced a guardianship petition initiated by her son and daughter under Article 81 of the Mental Hygiene Law, seeking the daughter's appointment as guardian. Claire, opposing her daughter's appointment due to long-standing antipathy, retained her own counsel. The court ultimately appointed a non-family member as guardian on June 6, 1994, tailoring the order to Claire's personal and property-management needs. This opinion addresses the reasonableness of the legal fees requested by the petitioners' attorneys, citing concerns about the amount, billing methods, and excessive hours. The court found many billed hours unnecessary, duplicative, and not the responsibility of Claire Spingarn, consequently reducing the legal fee to $32,500.

GuardianshipMental Hygiene Law Article 81Legal FeesAttorney CompensationReasonable FeesElder LawFee ReductionCourt EvaluatorFiduciary DutiesBilling Practices
References
17
Case No. MISSING
Regular Panel Decision

In Re North Shore Hematology-Oncology Associates, P.C., Debtor

This memorandum opinion addresses whether the Debtor, a physician-owned healthcare practice, is a health care business under the Bankruptcy Code and if a patient care ombudsman should be appointed. The Court finds the Debtor is a healthcare business but waives the appointment of an ombudsman at this time. The decision is based on several factors, including the Debtor's lack of inpatient services, low patient complaint rate, existing compliance programs (HIPAA, CLIA), ability to maintain high-quality care, and monitoring by the New York State Department of Health. The Court notes the potential for revisiting the appointment if circumstances change.

BankruptcyPatient Care OmbudsmanHealthcare BusinessChapter 11Debtor in PossessionEastern District of New YorkSection 333(a)(1)Bankruptcy CodePatient ProtectionMedical Practice
References
16
Case No. MISSING
Regular Panel Decision

In re the Appointment of a Guardian of the Personal Needs & Financial Affairs of G.W.

Alan G.W. suffered a traumatic brain injury in 1992, leading to Marlene W. being appointed as his guardian in 1995. Due to her diminished capacity, Marlene W., through her daughter Carol A.R. acting under a power of attorney, petitioned for her own discharge as guardian and for Carol A.R.'s appointment as successor guardian. The court examined whether Carol A.R. could use the power of attorney for this purpose and affirmed its validity under General Obligations Law § 5-1502G (2). Noting Marlene's inability to continue and Carol's willingness and ability, the court granted the petition. Marlene W. was discharged as guardian, and Carol A.R. was appointed as the successor guardian for Alan G.W.

GuardianshipMental Hygiene LawPower of AttorneyFiduciary DutySuccessor GuardianDischarge of GuardianCourt EvaluatorEstate TransactionsIncompetent PersonCapacity
References
7
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
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