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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

In re Burrick

The respondent, Robert Stephen Burrick, was convicted on January 13, 2003, of federal felonies including mail fraud and interstate transport of stolen property, and sentenced on April 14, 2003. The petitioner contended that these federal felonies were essentially similar to New York felonies, warranting automatic disbarment. Citing Judiciary Law § 90 and precedent, the court found that Burrick's felony conviction resulted in automatic disbarment. Consequently, the petitioner's motion to strike his name from the roll of attorneys was granted, and Robert Stephen Burrick was immediately disbarred and prohibited from practicing law.

DisbarmentAttorney DisciplineFelony ConvictionMail FraudInterstate Transport of Stolen PropertyProfessional MisconductAutomatic DisbarmentNew York LawLegal Ethics
References
10
Case No. MISSING
Regular Panel Decision

In re Ferrandino

Respondent Anthony Ferrandino, an attorney, was convicted of offering a false instrument for filing, a class E felony, in New York County on February 2, 2005. This conviction stemmed from his involvement in bribing hospital workers to obtain personal injury lawsuit candidates and filing false retainer statements with the Office of Court Administration. The Committee on Professional Standards sought his disbarment, citing Judiciary Law § 90 (4), which mandates automatic disbarment for state felony convictions. The court granted the petition, ordering his name be stricken from the roll of attorneys, nunc pro tunc to the conviction date. The decision highlighted that sentencing is not a prerequisite for automatic disbarment.

Attorney misconductProfessional disciplineFelony convictionDisbarmentFalse instrumentBriberyPersonal injury lawsuitsRetainer statementsAutomatic disbarmentDisciplinary Committee
References
3
Case No. MISSING
Regular Panel Decision

In re Krouner

The respondent, admitted to practice in 1973, pleaded guilty on February 20, 2003, in Supreme Court, Albany County, to three felonies: insurance fraud in the third degree, grand larceny in the fourth degree, and workers’ compensation fraudulent practices. The respondent was sentenced on May 12, 2003. Due to these felony convictions, the respondent was automatically disbarred. The court granted the petitioner’s motion to formally strike the respondent’s name from the roll of attorneys, which is a formality confirming the disbarred status. The disbarment is effective immediately, and the respondent is commanded to cease and refrain from the practice of law.

DisbarmentProfessional MisconductFelony ConvictionInsurance FraudGrand LarcenyWorkers' Compensation Fraudulent PracticesAutomatic DisbarmentAttorney DisciplineStriking from Roll of AttorneysAppellate Division Decision
References
7
Case No. MISSING
Regular Panel Decision

In Re Pelham Fence Co., Inc.

Lilliam Roberts, Commissioner of Labor for New York, moved for a declaratory judgment to establish that she is not barred by an automatic bankruptcy stay from pursuing funds withheld from the debtor, Pelham Fence Co., Inc., by the New York State Department of Audit and Control (DAC). The Commissioner argued these funds were not part of the bankruptcy estate. Alternatively, she sought relief from the stay, citing a lack of equity in the fund (approximately $57,000 against liens exceeding $600,000). The Chapter 7 bankruptcy trustee opposed the motion, contending the funds were estate property and that he might avoid prior liens for the estate's benefit. The court, citing precedents regarding segregated funds and lack of debtor equity, granted the Commissioner's motion, ruling that the withheld funds, subject to a pre-petition withholding order, do not constitute property of the bankruptcy estate and are not subject to the automatic stay.

BankruptcyAutomatic StayProperty of the EstateDeclaratory JudgmentWithheld FundsLabor LawNew York StateChapter 7Lien AvoidancePrevailing Wage
References
5
Case No. POM 0216385
Regular
Jul 18, 2007

JEN-KANG YANG vs. UNION BANK OF CALIFORNIA, ZURICH AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Judge Slucter and for automatic reassignment. The Board found that the applicant's petition for disqualification lacked the required affidavit and did not cite statutory grounds applicable to workers' compensation proceedings. The petition for automatic reassignment was denied as untimely because the applicant did not exercise the right at the mandatory settlement conference.

Workers Compensation Appeals BoardPetition for DisqualificationPetition for Automatic ReassignmentLabor Code Section 5311WCAB Rule 10453Code of Civil Procedure Sections 170.1 and 170.6Administrative Law Judge (WCJ)Industrial InjuryPsycheStress
References
0
Case No. MISSING
Regular Panel Decision

In Re Medina

Jesse Medina, an electrical subcontractor, filed for Chapter 13 bankruptcy. His supplier, Hill Country Electric (HCE), sent notices to New Leaf Development, the owner and general contractor, demanding payment for supplies Medina failed to pay for, pursuant to Texas Property Code 'trapping' provisions. New Leaf Development paid HCE and subsequently recouped these payments from Medina's post-petition draws. Medina moved for sanctions against HCE for willful violation of the automatic stay. The court found that HCE knew of the bankruptcy and intentionally acted to collect the debt. However, the court concluded that HCE's actions, which were against the owner and not directly against the debtor's property, did not violate the automatic stay provisions under sections 362(a)(1) or 362(a)(3) of the Bankruptcy Code. Consequently, Medina's motion for sanctions was denied.

BankruptcyAutomatic StaySanctionsSubcontractorSupplierMechanic's LienTexas Property CodeTrapping StatuteWillful ViolationProperty of the Estate
References
46
Case No. MISSING
Regular Panel Decision
Jan 03, 1994

In Re Whitefield

Terry Wayne Whitefield and Carol Wright Whitefield filed a joint Chapter 13 bankruptcy petition. The Child Support Division of the Sumner County Office of the District Attorney General inadvertently violated the automatic stay by initiating contempt proceedings and a wage assignment against Terry Wayne Whitefield for child support. The debtors filed a contempt petition seeking declaratory relief and attorney's fees. The court granted declaratory relief, finding the Child Support Division violated the automatic stay, and ordered the State of Tennessee to pay $200.00 in attorney's fees, ruling that Eleventh Amendment sovereign immunity does not bar such an award when ancillary to prospective relief. However, the petition for sanctions against Tonja Whitefield was denied due to insufficient evidence of her direct action.

BankruptcyAutomatic StayContemptEleventh AmendmentSovereign ImmunityAttorney's FeesDeclaratory ReliefChapter 13Child Support EnforcementState Immunity
References
10
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. 196-1545-260
Regular Panel Decision

Montague Pipeline Technologies Corp. v. Grace/Lansing & Grace Industries, Inc. (In Re Montague Pipeline Technologies Corp.)

The case involves a motion by Grace-Lansing and Grace Industries, Inc. (Grace) to remand an adversary proceeding back to the New York State Supreme Court, Kings County, and for relief from an automatic stay. The Debtor, Montague Pipeline Technologies, Inc., had removed the action, which concerned the confirmation of an arbitration award in favor of Grace, after filing for Chapter 11 bankruptcy. The Court, presided over by Chief Judge Conrad B. Duberstein, applied the 'Drexel factors' to evaluate the request for remand, concluding that equitable grounds favored sending the action back to state court due to efficient administration of the bankruptcy estate, predominance of state law, and comity. The Court also granted Grace's motion for relief from the automatic stay, finding 'cause' based on the 'Sonnax factors,' to allow the state court to finalize the arbitration award and fix Grace's claim, thereby facilitating the Debtor's reorganization plan.

BankruptcyRemandAutomatic StayArbitration AwardState LawFederal Arbitration ActJudicial EconomyComityChapter 11Dispute Resolution
References
38
Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Eastern Air Lines, Inc. (In Re Ionosphere Clubs, Inc.)

The Air Line Pilots Association International (ALPA) moved to lift the automatic stay imposed during Eastern Air Lines, Inc.'s Chapter 11 bankruptcy proceedings. ALPA sought to continue three arbitration proceedings related to a pay-parity provision in their collective bargaining agreement, which had been automatically stayed. The court considered the federal policy favoring labor arbitration, the potential impact on the bankruptcy estate, and the willingness of arbitrators to allow the Official Unsecured Creditor’s Committee to participate. Finding that 'cause' existed to modify the stay and noting the availability of claims estimation under 11 U.S.C. § 502(c) as a safeguard against undue delay, the court granted ALPA's motion, allowing the arbitration proceedings to resume.

Bankruptcy ProceedingsAutomatic Stay ReliefLabor ArbitrationCollective BargainingRailway Labor ActPay Parity GrievanceChapter 11 ReorganizationCreditors' Committee ParticipationSection 362(d)Dispute Resolution
References
23
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