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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

Rowland v. Oswego City School District

In this CPLR article 78 proceeding, a tenured school teacher (petitioner) sought to nullify a determination by the Board of Education of the City School District of the City of Oswego, which found she abandoned her teaching position without a hearing. The petitioner had sustained a compensable back injury and experienced recurring problems, leading to a denied leave of absence and subsequent enrollment in law school while still medically unable to teach. The court reviewed the petitioner's sworn testimony, which provided a reasonable explanation for her absence due to physical inability. Finding that the school district failed to establish abandonment by clear and convincing evidence, and should have afforded the petitioner a hearing under Education Law § 3020-a, the court annulled the Board's resolution and ordered the petitioner's reinstatement.

Tenured Teacher RightsEmployment AbandonmentDue Process RightsReinstatement OrderEducation LawCPLR Article 78Workers' Compensation InjuryMedical DisabilitySchool Board AuthorityHearing Requirement
References
5
Case No. MISSING
Regular Panel Decision
Apr 19, 2011

Dietz v. Board of Education of Rochester City School District

Petitioner commenced a CPLR article 78 proceeding seeking reinstatement of his employment with the Rochester City School District after his position as a "school instructor/transition counselor" was abolished. He contended he was entitled to seniority rights within the "special subject tenure area" of school social worker under 8 NYCRR 30-1.8 (b) (9) and Education Law § 2585 (3), asserting he was not the least senior person in that tenure area. The Supreme Court denied the petition, and the appellate court affirmed. The collective bargaining agreement between the District and the union specified that layoffs for "school instructors" would occur within distinct categories, not tenure areas, and that school instructors could not displace teachers. By accepting employment as a school instructor and participating in the CBA, the petitioner was deemed to have waived any seniority rights in the school social worker tenure area.

Employment LawSeniority RightsCollective Bargaining AgreementSchool InstructorSchool Social WorkerTenure AreaCPLR Article 78 ProceedingJudicial ReviewWaiver of RightsWorkforce Reduction
References
11
Case No. MISSING
Regular Panel Decision
May 05, 1994

Mackey v. Beacon City School District

Raymond J. McGowan appealed an order and judgment from the Supreme Court, Dutchess County. The appeal concerned a personal injury action where the plaintiff was injured due to a ladder collapse while painting for the Beacon City School District. The plaintiff's motion for partial summary judgment on liability against the school district and Beesmer Construction Company was granted under Labor Law § 240 (1). Additionally, the defendants' motion for summary judgment on indemnification against McGowan, the plaintiff's employer and subcontractor, was also granted. The appellate court affirmed the order and judgment, upholding the liability against the defendants and the indemnification against McGowan, citing that a general contractor is entitled to common-law indemnification from a subcontractor whose sole negligence caused the worker's injuries.

Personal InjuryLadder CollapseLabor Law § 240 (1)IndemnificationSummary JudgmentAppellate ReviewNegligenceSubcontractorGeneral ContractorVicarious Liability
References
6
Case No. 2021 NY Slip Op 04083
Regular Panel Decision
Jun 24, 2021

Matter of King v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

This case involves Charmaine King and other charter school petitioners seeking to compel the Board of Education of the City School District of the City of New York to provide COVID-19 screening tests to charter school students and staff, mirroring services offered to public school students. The Supreme Court initially granted the petition broadly, directing respondents to administer tests to New York City-resident children attending petitioners' charter schools to the same extent as public schools, and also to staff. The Appellate Division, First Department, modified this judgment, affirming that Education Law § 912 mandates the provision of health screening tests, including COVID-19 tests, to resident children attending non-public schools on the same terms as public schools. However, the appellate court specifically limited the directive to New York City-resident children attending the petitioners' charter schools, excluding staff and non-party schools, as the statute only covers children, and otherwise affirmed the lower court's decision.

COVID-19 testingCharter schoolsPublic schoolsEducation Law § 912Health and Welfare ServicesEstablishment ClauseAppellate DivisionSchool districtsJudicial reviewMandate
References
3
Case No. 16 NY3d 707
Regular Panel Decision
Jan 01, 2011

Mount Vernon City School District v. Nova Casualty Co.

Mount Vernon City School District (School District) initiated a breach of contract action against Nova Casualty Company (Nova), a compensated surety, and DJH Mechanical Associates, Inc. (DJH), the contractor, for failure to complete HVAC work. DJH defaulted, and Nova disclaimed liability, asserting that the School District improperly diverted $214,000 of contract funds to the Department of Labor for an unrelated debt of DJH, violating the Lien Law and increasing Nova's risk under the performance bond. The lower courts and the Court of Appeals affirmed that Nova was not discharged from its surety obligation because it had not completed performance and thus lacked subrogation rights as a Lien Law trust beneficiary. Furthermore, the payment to DOL, representing earned funds for DJH's past performance, did not materially alter the contract or impair Nova's risk. The School District's request for litigation attorneys' fees was denied, as the contract and bond language did not "unmistakably clearly" obligate Nova for such costs, only for those related to project completion.

Performance bondSurety dischargeBreach of contractLien Law Article 3-ATrust fund diversionContract paymentsAttorneys' fees litigationSubrogation rightsMaterial alteration of contractCompensated surety
References
15
Case No. 2019 NY Slip Op 05619 [174 AD3d 1112]
Regular Panel Decision
Jul 11, 2019

Matter of Board of Educ. of The Hudson City Sch. Dist. (Civil Serv. Employees Assn., Local 1000, AFSCME, AFL-CIO, Columbia County, Local 811, Hudson City Sch. Dist. Aides Unit)

This case involves an appeal by the Board of Education of the Hudson City School District (petitioner) from an order and judgment denying its application to permanently stay arbitration. The dispute arose after modifications to prescription drug benefits in a collective bargaining agreement between the District and the Civil Service Employees Association (Union), leading to a grievance filed by Union representatives concerning retiree benefits. The District denied the grievance, arguing untimeliness and lack of Union representation for retirees. The Supreme Court found the matter arbitrable, dismissing the petition. The Appellate Division affirmed this decision, concluding that the broad arbitration clause in the collective bargaining agreement created a reasonable relationship between the dispute and the CBA, making the issue arbitrable.

Collective Bargaining AgreementArbitration DisputeGrievance ProcedurePrescription Drug BenefitsRetiree BenefitsArbitrabilityContract InterpretationLabor LawPublic Sector EmploymentSchool District
References
6
Case No. MISSING
Regular Panel Decision

In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'n

This case consolidates two appeals, 'The Watertown Dispute' and 'The Indian River Dispute,' concerning public sector arbitration under New York's Taylor Law. Both cases involve education associations and school districts in disputes over changes to health insurance benefits, specifically increased employee copayments. The associations filed grievances, which the districts denied, leading to demands for arbitration. Lower courts granted stays of arbitration, applying the 'Liverpool two-step' protocol and finding the disputes non-arbitrable. The Court of Appeals reverses these decisions, clarifying that the 'Liverpool' protocol should be applied without an anti-arbitrational presumption. The Court emphasizes that the merits of a grievance are for the arbitrator, and a court's role is merely to determine if there's a reasonable relationship between the dispute's subject matter and the collective bargaining agreement. Finding that health insurance benefits are clearly related to the CBAs, the Court compels arbitration in both cases.

Public Sector ArbitrationTaylor LawCollective Bargaining AgreementGrievance ArbitrabilityHealth Insurance BenefitsCopayment IncreasesLiverpool Two-Step ProtocolJudicial Review of ArbitrationPresumption of ArbitrabilityCourt of Appeals (NY)
References
32
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. MISSING
Regular Panel Decision

Carlson v. Geneva City School District

Plaintiff Catherine Carlson, a Media Library Specialist, filed suit against the Geneva City School District and several individual employees, alleging sexual harassment by Principal David D. Pullen and subsequent retaliation by all defendants when she complained. Her claims included violations of Title VII, ADA, FMLA, NYHRL, defamation, slander, libel, prima facie tort, and intentional infliction of emotional distress. The alleged retaliation involved false accusations, administrative leave, new work restrictions, negative performance evaluations, and reassignment to a less desirable position. Defendants moved to dismiss or for summary judgment. The court granted the motion in part and denied in part, dismissing some state-law claims due to notice non-compliance or being time-barred, and dismissing Title VII and ADA claims against individual defendants. Plaintiff was granted leave to amend certain remaining claims.

Sexual HarassmentRetaliationHostile Work EnvironmentTitle VIIADAFMLANYHRLDefamationSlanderLibel
References
51
Case No. CA 10-02273
Regular Panel Decision
Oct 07, 2011

MAZURETT, JUAN v. ROCHESTER CITY SCHOOL DISTRICT

The plaintiffs, Juan Mazurett and Theresa Mazurett, commenced a Labor Law and common-law negligence action against the Rochester City School District after Juan Mazurett was injured in a fall from a collapsing scaffold at a construction site. The accident occurred while he was attempting to climb the scaffold provided by his employer, the general contractor. The Supreme Court granted the plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1) and partially denied the defendant's cross motion for summary judgment. The Appellate Division affirmed the Supreme Court's order, concluding that the plaintiffs established a prima facie violation of Labor Law § 240 (1) due to the scaffold's collapse. The court rejected the defendant's argument that the plaintiff's conduct was the sole proximate cause of the accident, finding no evidence that the plaintiff refused to use available safety devices.

Personal InjuryScaffold AccidentLabor Law ViolationConstruction Site SafetyProximate CauseSummary Judgment MotionAppellate ReviewWorker SafetyStatutory DutyNew York Law
References
11
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