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

Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. 2018 NY Slip Op 06963
Regular Panel Decision
Oct 18, 2018

International Union of Painters & Allied Trades, Dist. Council No. 4 v. New York State Dept. of Labor

This case addresses the interpretation of New York's prevailing wage law, Labor Law § 220 (3-e), concerning apprentice wages on public work projects. The International Union of Painters & Allied Trades and glazing contractors challenged the New York State Department of Labor's (DOL) policy which stipulates that apprentices must perform tasks within their registered trade classification to be paid apprentice rates. Plaintiffs argued this policy increased costs and limited on-the-job training for glazier apprentices whose curriculum included tasks classified as ironwork. The Court of Appeals reversed the Appellate Division, upholding the DOL's interpretation as rational. The Court reasoned that the statute's language was ambiguous, and the DOL's policy prevented employers from using apprentices as cheap labor outside their specific trade, thereby ensuring proper training and maintaining construction standards.

Prevailing Wage LawApprentice WagesPublic Work ProjectsGlazier ApprenticesIronworker TasksStatutory InterpretationAdministrative DeferenceLabor Law § 220Trade ClassificationWorkforce Development
References
17
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. MISSING
Regular Panel Decision

Operative Plasterers & Cement Masons International Ass'n v. International Brotherhood of Painters & Allied Trades

This case involves an ongoing jurisdictional dispute between the Operative Plasterers & Cement Masons International Association (Plasterers Local 530) and the International Brotherhood of Painters and Aided Trades (Painters Local 1486) concerning 'skimcoating' work at the Nordstrom’s Project. The Plasterers initiated the action after the contractor, Island Taping, Inc., hired the Painters' Local 1486 instead of Local 530. After local and national arbitration attempts failed to resolve the arbitrability issue, the Plasterers requested the District Court to either compel arbitration or assume jurisdiction to decide the dispute and sought a preliminary injunction. The Court ruled that the question of arbitrability was not clearly delegated to the arbitrator and must be decided independently by the Court. A hearing has been ordered to determine if Local 1486 is affiliated with the New York Plan, which would establish arbitrability. The Court also denied the request for a preliminary injunction due to a lack of demonstrated irreparable harm.

jurisdictional disputelabor unionsarbitrationNational Labor Relations Actpreliminary injunctionarbitrabilityunion affiliationskimcoating workconstruction industryfederal court jurisdiction
References
9
Case No. MISSING
Regular Panel Decision

Pellegrini v. Reidy

Petitioner's application for medical assistance was denied due to the transfer of $30,000 to her daughters within 24 months of the application, which was presumed to be for the purpose of qualifying for assistance. The court rejected the petitioner's argument that the transfer was for care provided by her daughters, finding insufficient evidence to rebut the statutory presumption. The court also dismissed the petitioner's claim that the County Department failed its duty to protect her interests, noting this issue was not raised during the fair hearing. However, the court found merit in the petitioner's contention that the County Department failed to comply with the fair hearing determination requiring proper notice of ineligibility. Consequently, the determination was modified to mandate the Montgomery County Commissioner of Social Services provide the required notice, and as modified, confirmed.

medical assistancesocial services lawasset transfereligibilityCPLR article 78fair hearingadministrative reviewstatutory presumptionMontgomery Countydenial of benefits
References
4
Case No. MISSING
Regular Panel Decision
Feb 13, 1998

Castro v. Wing

The petitioner sought review of a determination by the New York State Office of Temporary and Disability Assistance, which upheld the Suffolk County Department of Social Services' decision to deny her application for public assistance and food stamp benefits. The denial was based on her failure to appear at a scheduled front end detection system (FEDS) interview, a requirement for eligibility. The petitioner argued she was misinformed by a case worker and did not see the notices. The court confirmed the determination, ruling that the FEDS review was an essential eligibility requirement and the petitioner failed to demonstrate good cause for her absence. A dissenting judge contended that the respondents did not provide substantial evidence that the petitioner refused to attend the interview, and that the FEDS process, established for fraud prevention, should not inherently preclude benefit application processing.

Public Assistance DenialFood Stamp BenefitsEligibility RequirementsFEDS InterviewAdministrative Due ProcessAgency Determination ReviewGood CauseFraud PreventionSuffolk County DSSNew York Social Services
References
4
Case No. MISSING
Regular Panel Decision

Brownley v. Doar

Doris Brownley and Janee Nelson, single mothers receiving Safety Net Assistance (SNA), sought a preliminary injunction to prevent their evictions, arguing the New York State Office of Temporary and Disability Assistance (OTDA) provided inadequate shelter allowances. They contended that Social Services Law § 159 incorporates the adequacy requirements of § 350 (1) (a) for families with children. The court denied OTDA's cross-motion to dismiss, ruling that plaintiffs had standing and were not required to exhaust administrative remedies due to the futility and risk of irreparable harm. Finding a likelihood of success on the merits, irreparable harm including potential homelessness and foster care for children, and a favorable balance of equities, the court granted the preliminary injunction, allowing the plaintiffs and their children to remain in their homes.

Shelter allowanceSafety Net AssistancePreliminary injunctionEviction preventionSocial Services LawHousing inadequacyPublic assistanceFamilies with childrenStandingAdministrative remedies
References
23
Case No. 5674395Z
Regular Panel Decision
Dec 01, 2011

Baines v. Berlin

Mashon Baines, a homeless and disabled mother of three, initiated a CPLR article 78 proceeding to challenge the New York State Office of Temporary and Disability Assistance's August 31, 2011 decision to discontinue her temporary housing assistance. This decision stemmed from an alleged altercation with a shelter director, Marilyn Gonzalez, during a fire drill, leading to Baines's arrest. Baines argued that her due process rights were violated because the discontinuance notice cited only the assault on Ms. Gonzalez, while the administrative decision was based on multiple uncharged wrongdoings and failed to adequately consider video evidence. The court found that respondents failed to adequately apprise Baines of all charges, thereby violating her due process rights, and consequently annulled the August 31, 2011 fair hearing decision. The court also granted Baines's request for attorneys' fees, costs, and disbursements.

Due ProcessAdministrative HearingHomeless AssistanceShelter BenefitsDiscontinuance of BenefitsNotice RequirementsCPLR Article 78Judicial ReviewAttorneys' FeesSelf-Incrimination
References
8
Case No. MISSING
Regular Panel Decision

Hobbs v. Lavine

Petitioner's home relief assistance was discontinued by the New York City Department of Social Services based on a finding that she was fully employed. This determination was affirmed by the respondent after a hearing. The court found that the respondent's determination was not supported by substantial evidence, as the city agency's evidence consisted only of two vague case-record entries. Consequently, the application was granted, and the determination was annulled, with petitioner's assistance directed to be reinstated retroactively.

Home ReliefPublic AssistanceSocial ServicesEmployment StatusSubstantial EvidenceArticle 78 CPLRAdministrative ReviewRetroactive BenefitsDiscontinuation of Benefits
References
2
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