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

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. MISSING
Regular Panel Decision
Aug 21, 1998

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

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. MISSING
Regular Panel Decision

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
Case No. 2024 NY Slip Op 01947 [226 AD3d 845]
Regular Panel Decision
Apr 10, 2024

Verderosa v. County of Suffolk

The case "Verderosa v County of Suffolk" involves an appeal from an order granting summary judgment to defendants County of Suffolk and Architectural Entrance Systems, Inc. (AES) in a personal injury action. The plaintiff, Linda Verderosa, sought damages after Salvatore Verderosa (decedent) was injured when his hand became trapped in a courthouse door. The Appellate Division, Second Department, affirmed the dismissal of the complaint against AES, finding no duty owed by AES to the decedent. However, the court reversed the dismissal against the County of Suffolk, determining that the County failed to demonstrate a lack of constructive notice regarding a dangerous condition (e.g., door speed, jagged handle) prior to the accident.

Personal InjuryPremises LiabilitySummary JudgmentAppellate ReviewContractual ObligationTort LiabilityDangerous ConditionConstructive NoticeDoor AccidentSuffolk County
References
11
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. MISSING
Regular Panel Decision

Haynes v. County of Chautauqua

The petitioner, Roosevelt Haynes, filed a CPLR Article 78 petition seeking reinstatement to his position as a medical social worker with the Chautauqua County Home and Infirmary. Haynes was dismissed approximately six and a half weeks into his probationary term, despite having held the position for over three years before taking a competitive examination. The respondent argued that Haynes, as a probationer, could be discharged without formal charges or a hearing. However, the court found the dismissal premature and unjustified, ruling that the county failed to adhere to its own Civil Service Rules which require a minimum eight-week probationary term and due process under Civil Service Law § 75 for termination during that period. Citing precedent like Matter of Albano v Kirby, the court granted judgment in favor of the petitioner, ordering his reinstatement with all deprived wages and benefits.

Wrongful DischargeProbationary EmploymentCivil Service LawArticle 78 PetitionReinstatementBack PayChautauqua CountyPublic EmploymentDue ProcessCivil Service Rules
References
7
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

Corning v. Board of Elections

Justice Fuchsberg dissents from the majority decision concerning two cases related to New York's Election Law. He argues that subdivision 2 of section 8-100 of the Election Law is unconstitutional as it creates unequal voting hours for primary elections across different counties in the state. Fuchsberg asserts that this disparity violates the equal protection clauses of both Federal and State Constitutions, demanding a strict scrutiny test which the State failed to satisfy. He believes the State's justification of convenience and economy is insufficient to infringe upon the fundamental right of suffrage. Therefore, he advocates for affirming the judgment in Barone v Carey and modifying the Appellate Division's order in Matter of Corning v Board of Elections of Albany County to declare the problematic clause unconstitutional, ensuring uniform voting hours for all citizens.

Election LawVoter RightsEqual Protection ClauseStrict Scrutiny TestPrimary ElectionsVoting HoursConstitutional LawDissenting OpinionSuffrageEconomic Considerations
References
15
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
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