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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
Mar 23, 2004

Matter of Rosenblum v. New York State Workers' Compensation Bd.

This case, Matter of Rosenblum v. New York State Workers' Compensation Bd., was heard by the Court of Appeals of the State of New York. The decision was rendered on March 23, 2004. The outcome of the case was that the appeal was withdrawn and discontinued. This indicates a resolution where further judicial review was halted by the appellant.

Appeal WithdrawnDiscontinuedWorkers' CompensationCourt of AppealsNew YorkCase Resolution
References
0
Case No. 2023 NY Slip Op 04669
Regular Panel Decision
Sep 20, 2023

Matter of Town of Beekman v. Town Bd. of the Town of Union Vale

The Town of Beekman initiated a hybrid proceeding challenging resolutions by the Town Board of Union Vale, which approved a telecommunications tower, deemed it exempt from Beekman's zoning, and issued negative environmental declarations under SEQRA. The Supreme Court denied the petition, dismissed the proceeding, and upheld the resolutions. On appeal, the Appellate Division affirmed, finding that the 'balancing of public interests' test supported the Board's determination of zoning immunity for the project, citing its public benefit in addressing cellular coverage gaps and aiding emergency services. The court also found that the Board's SEQRA determination was made in accordance with lawful procedure and was not arbitrary or capricious, having taken a hard look at environmental concerns.

zoning immunitytelecommunications towerenvironmental reviewSEQRACPLR Article 78public interest balancing testgovernmental entities conflictDutchess Countyappellate reviewland use regulation
References
13
Case No. 2017 NY Slip Op 06273 [153 AD3d 823]
Regular Panel Decision
Aug 23, 2017

Matter of Green Earth Farms Rockland, LLC v. Town of Haverstraw Planning Bd.

This case involves an appeal from a Supreme Court judgment concerning a development project in the Towns of Haverstraw and Ramapo. The petitioners challenged the Town of Haverstraw Planning Board's determination that a second Supplemental Environmental Impact Statement (SEIS) was not required for a proposed commercial development, specifically a large convenience store with 16 gas pumps. The Appellate Division affirmed the Supreme Court's decision, which found that the Planning Board failed to adequately assess the environmental impact of the proposed gas station, thus annulling the SEQRA determination and site plan approval and remitting the matter for further proceedings. The appeal by the Town of Haverstraw Building Department was dismissed as not aggrieved, and the petition by John McDowell was dismissed due to lack of standing.

Environmental ReviewSEQRASite Plan ApprovalZoning AmendmentGas Station DevelopmentStandingJudicial ReviewAppellate DivisionPlanning Board DiscretionEnvironmental Impact Statement
References
20
Case No. 5753-13
Regular Panel Decision
Mar 23, 2018

New York State Workers' Compensation Bd. v. Any-Time Home Care, Inc.

The New York State Workers' Compensation Board (WCB) initiated a main action against former members of the insolvent Healthcare Industry Trust of New York (HITNY) to recover a significant deficit. These defendants subsequently commenced a third-party action against an auditor, an actuary, and individuals associated with the trust administrator for indemnity and contribution. The third-party defendants sought to coordinate this new action with existing coordinated cases related to the collapse of other CRM-administered trusts and to stay it pending judicial approval of their settlements with the WCB. The Supreme Court, Albany County, concluded that the third-party action is a 'related matter' subject to a prior coordination order. Consequently, the court ordered the third-party action to be coordinated and stayed, pending the determination of an Article 77 Proceeding concerning the Board's settlements.

Coordination of ActionsStay of ProceedingsThird-Party LitigationGroup Self-Insured Trusts (GSITs)Trust InsolvencyWorkers' Compensation Law (WCL)Joint and Several LiabilitySettlement AgreementsArticle 77 ProceedingLitigation Coordinating Panel
References
4
Case No. 587-14
Regular Panel Decision
Jan 09, 2018

New York State Workers' Compensation Bd. v. 21st Century Constr. Corp.

The New York State Workers' Compensation Board (WCB) initiated a collection action against former members of the ELITE Contractors Trust of New York (ELITE), a group self-insured trust. The WCB sought partial summary judgment on the issue of joint and several liability for the trust's deficit, default judgments against non-appearing defendants, and discontinuance against settling defendants. Defendants raised various arguments, including the trust's alleged invalid formation, claims of unconstitutional taking, expiration of the statute of limitations, and untimely deficit assessments. The court ultimately granted the WCB's motion for partial summary judgment on liability against most defendants, affirmed the contractual and statutory basis for joint and several liability, and granted default judgments against non-appearing parties. Most of the defendants' cross-motions seeking dismissal were denied, with one exception regarding a dissolved LLC for which discovery was deemed necessary.

Workers' Compensation TrustJoint and Several LiabilityDeficit AssessmentGroup Self-Insured Trust (GSIT)Summary JudgmentDefault JudgmentStatute of LimitationsUnconstitutional TakingTrust AdministrationEmployer Liability
References
0
Case No. MISSING
Regular Panel Decision

Ovadia v. Office of Industrial Board of Appeals

The Court of Appeals remitted *Matter of Ovadia v Office of the Indus. Bd. of Appeals* (19 NY3d 138 [2012]) back to this Court. The determination of the Industrial Board of Appeals, dated December 14, 2009, which had affirmed an order directing petitioners to pay claimants unpaid wages, was unanimously annulled. The matter has been remanded for further proceedings. These proceedings specifically involve determining whether Ovadia made an enforceable promise to pay workers for their continued work following Bruten’s disappearance and whether the workers relied on this promise by continuing to work at the construction site for six days.

AnnulmentRemandUnpaid wagesIndustrial Board of AppealsCommissioner of Department of LaborWorkers' relianceEnforceable promiseCourt of AppealsAppellate reviewLabor Law
References
1
Case No. 2025 NY Slip Op 01020 [235 AD3d 1124]
Regular Panel Decision
Feb 20, 2025

Matter of Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Bd.

The case involves an appeal by Clean Air Action Network of Glens Falls, Inc. against the Town of Moreau Planning Board, Raymond Apy, and Saratoga Biochar Solutions, LLC. The appeal challenged a Supreme Court judgment that dismissed a CPLR article 78 proceeding, which sought to annul the Planning Board's negative declaration under the State Environmental Quality Review Act (SEQRA) and its approval of a site plan for a biosolids remediation and fertilizer processing facility. The Appellate Division, Third Department, reversed the lower court's decision, finding that the Planning Board failed to take a 'hard look' at the project's potential adverse impacts, particularly concerning hazardous air pollutant emissions. The court concluded that the Planning Board's unexplained deference to DEC permitting standards without a reasoned elaboration for its negative declaration was arbitrary and capricious, thus granting the petition and remitting the matter for further proceedings.

Environmental ImpactState Environmental Quality Review Act (SEQRA)Planning Board DeterminationHazardous Air PollutantsBiosolids RemediationSite Plan ApprovalNegative Declaration RescissionArbitrary and CapriciousAppellate DivisionJudicial Review
References
18
Case No. MISSING
Regular Panel Decision

MATTER OF MERSON v. McNally

The Court of Appeals addresses whether a negative declaration under the State Environmental Quality Review Act (SEQRA) can be issued for a Type I action, even when the project has been modified to accommodate environmental concerns. Reviewing two related cases, Matter of Merson v McNally and Matter of Philipstown Indus. Park v Town Bd., the Court examines a mining project by Philipstown Industrial Park, Inc. (PIP) in the Town of Philipstown, Putnam County. The Planning Board, acting as the lead agency, issued a negative declaration after PIP revised its plans in response to public and agency input regarding noise, traffic, and groundwater. The Appellate Division had annulled this declaration, viewing the modifications as impermissible 'conditioned negative declarations.' The Court of Appeals reversed, holding that such project adjustments, made through an open and deliberative process to mitigate potential adverse effects, are a legitimate part of SEQRA review and do not invalidate a negative declaration. The cases are remitted to the Appellate Division for consideration of unaddressed issues, including preemption.

Environmental ReviewSEQRANegative DeclarationMined Land Reclamation LawType I ActionProject ModificationEnvironmental Impact StatementLead AgencyZoning LawAppellate Review
References
15
Case No. ADJ18816357
Regular
May 15, 2025

JERRY WILLIAMS vs. PRIMORIS ELECTRIC, THE HARTFORD

The Workers' Compensation Appeals Board considered and denied the Petition for Removal filed by the petitioner. The Board found no substantial prejudice or irreparable harm would result from denying removal, and determined that reconsideration would be an adequate remedy if an adverse final decision were to occur. The decision emphasized that removal is an extraordinary remedy rarely exercised by the Appeals Board, referencing precedents like Cortez v. Workers' Comp. Appeals Bd. and Kleemann v. Workers' Comp. Appeals Bd. for this stance.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAppeals BoardCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
2
Case No. MISSING
Regular Panel Decision
Nov 24, 1992

PINE BARRENS v. Planning Bd.

This case addresses whether the State Environmental Quality Review Act (SEQRA) mandates a cumulative impact statement for over 200 proposed development projects in the Central Pine Barrens region of Long Island. The Central Pine Barrens is a vital ecological area, serving as the sole natural source of drinking water for millions and harboring numerous endangered species, leading to various protective legislations. The Court of Appeals reversed the Appellate Division's ruling, determining that a mandatory cumulative impact study under SEQRA is not applicable here because there is no overarching governmental 'plan' for development in the region, only general protective policies. The court emphasized that comprehensive planning for this area should be conducted by the Long Island Regional Planning Board as outlined in ECL article 55, rather than through individual SEQRA assessments. It also noted the significant delay in the Regional Planning Board's action, urging legislative intervention to address this pressing environmental concern.

Environmental LawSEQRACumulative ImpactPine BarrensSuffolk CountyLong IslandAquifer ProtectionLand Use PlanningState Environmental Quality Review ActPlanning Board
References
6
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