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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
Jan 22, 2004

Mete v. New York State Office of Mental Retardation

This class action alleged age discrimination in employment against the New York State Office of Mental Retardation and Development Disabilities (OMRDD). Plaintiffs, former Chiefs of Developmental Center Treatment Services, claimed disparate treatment and disparate impact arising from a 1989 reduction in force (RIF) that eliminated their positions. All 46 Chiefs, who were over 40, were either demoted or retired, and statistical evidence showed a disproportionate impact on employees over 40. The Supreme Court granted defendants’ motion for summary judgment, dismissing all causes of action. The appellate court affirmed, finding that while plaintiffs established a prima facie case, OMRDD provided a legitimate, nondiscriminatory reason for the RIF (economic conditions and long-standing concerns about the position's utility), which plaintiffs failed to adequately prove was a pretext for discrimination.

Age DiscriminationClass ActionSummary JudgmentDisparate TreatmentDisparate ImpactReduction in ForceEmployment LawPretextPrima Facie CaseStatistical Evidence
References
11
Case No. CA 10-02269
Regular Panel Decision
Apr 29, 2011

ELLICOTT GROUP, LLC v. STATE OF NEW YORK EXECUTIVE DEPT.

This case addresses an appeal concerning the authority of the State of New York Executive Department Office of General Services (OGS) to mandate a prevailing wage clause in a lease agreement with Ellicott Group, LLC, for privately owned property. OGS had adopted a policy requiring prevailing wages for certain work, even if it did not meet the technical definition of 'public work' under the Labor Law. The Supreme Court, Erie County, had granted summary judgment to Ellicott Group, LLC, concluding that OGS lacked statutory authority and violated the separation of powers doctrine. The Appellate Division affirmed this judgment, holding that OGS, as an administrative body, usurped the legislative function by enacting a policy defining when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawLabor Law Article 8Labor Law Article 9Public WorkLease AgreementExecutive AuthorityLegislative FunctionSeparation of PowersAdministrative LawDeclaratory Judgment
References
14
Case No. MISSING
Regular Panel Decision

Truss v. Westchester County Health Care Corp.

The petitioner, a nursing support staff worker, initiated a CPLR article 78 proceeding to challenge the termination of her employment by the Westchester County Health Care Corporation. The termination followed a hearing that found the petitioner guilty of misconduct due to excessive absences, latenesses, and failure to comply with call-in policies. The court confirmed the hearing officer's determination, finding it based on substantial evidence and stating that the deduction of leave balances was irrelevant given the disruptive nature of the misconduct. The court also upheld the hearing officer's resolution of credibility issues regarding progressive discipline and concluded that the dismissal penalty was not disproportionate to the misconduct, thus denying the petition and dismissing the proceeding.

Employee MisconductEmployment TerminationCPLR Article 78Judicial ReviewAdministrative DeterminationAbsenteeismLatenessProgressive DisciplineSubstantial EvidencePenalty Disproportionate
References
11
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

Ellicott Group, LLC v. State of New York Executive Department Office of General Services

This case addresses whether the State of New York Executive Department Office of General Services (OGS) had the authority to include a provision in its lease agreements requiring a plaintiff, a private entity, to pay prevailing wages to certain workers. OGS implemented this policy to resolve ambiguities regarding the application of prevailing wage laws to projects potentially involving "public work," even when such work might not technically meet the statutory definition. The plaintiff, a private landlord, challenged this requirement in a declaratory judgment action, arguing that OGS exceeded its statutory authority and violated the separation of powers doctrine. The Supreme Court granted summary judgment for the plaintiff, declaring the prevailing wage clause unauthorized and enjoining OGS from mandating its inclusion. The appellate court affirmed this judgment, concluding that OGS, as an administrative body, usurped the legislative function by defining the parameters of when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawSeparation of PowersExecutive AuthorityLegislative FunctionPublic Work ContractLabor Law Article 8Labor Law Article 9Lease AgreementGovernment ContractsAdministrative Law
References
9
Case No. MISSING
Regular Panel Decision

Kelly v. New York State Executive Department

Defendant Albert E. Caccese, while serving as Chief Counsel and later Executive Deputy Commissioner of the Office of Parks, Recreation and Historic Preservation (OPRHP), secured loans from his Commissioner Orin Lehman and a Regional Director (plaintiff) under the guise of gambling debts and real estate investments. Following an investigation by the State Inspector General revealing Caccese's practices, the plaintiff was demoted in 1991, incurring a $25,000 annual salary loss. The plaintiff initiated an action under 42 USC § 1983, asserting retaliatory demotion for exercising his First Amendment right to free speech by reporting Caccese's financial dealings with concessionaires. Defendants Lehman and Caccese sought summary judgment, attributing the demotion to budgetary constraints and plaintiff's subpar job performance, but the Supreme Court rejected their motions. The appellate court upheld the Supreme Court's decision, concluding that the plaintiff presented adequate evidence, including positive job evaluations, to establish a genuine dispute of material fact regarding whether his protected conduct was a substantial factor in his demotion.

Retaliatory demotionFirst Amendment free speechPublic employee rightsSummary judgment standardsGovernment ethicsWhistleblower allegationsOfficial misconductBudgetary defenseJob performance disputeAppellate review
References
12
Case No. MISSING
Regular Panel Decision

McLaurin v. New Rochelle Police Officers

Plaintiff Charles B. MeLaurin filed a pro se action under 42 U.S.C. § 1983 against numerous New Rochelle police officers and city officials, including Peter Kornas, Louis Falcone, Brian Fagan, David Lornegan, Edward Martinez, Dominic Procopio, Mayor Timothy Idoni, and the City of New Rochelle. MeLaurin alleged constitutional rights violations stemming from two arrests: one for assault on August 6, 2001, and another for criminal contempt on September 28, 2002. Defendants moved for judgment on the pleadings, asserting qualified immunity and failure to state a claim. The court granted dismissal with prejudice for most defendants, finding their actions objectively reasonable or lacking personal involvement, or due to plaintiff's failure to state a claim or comply with state law. Claims against Officers Lynch, Lore, Conca, Al-Fattaah, Kamau, and Navarette were dismissed without prejudice for lack of personal involvement. Officer Dina Lynn Moretti's motion was converted to one for summary judgment, giving the plaintiff 45 days to provide evidence regarding probable cause for the second arrest. State law claims were also dismissed due to non-compliance with New York General Municipal Law notice-of-claim requirements.

Excessive ForceFalse ArrestMalicious ProsecutionQualified ImmunityPro Se LitigationMunicipal LiabilityMonell ClaimFederal Rules of Civil Procedure 12(c)Federal Rules of Civil Procedure 56Civil Rights Violation
References
59
Case No. MISSING
Regular Panel Decision

M. Cristo, Inc. v. State of New York Office of General Services

This dissenting opinion by Staley, Jr., J. concerns the rejection of a low bid from a petitioner by the Office of General Services. The rejection was based on the petitioner's unresolved labor dispute with Laborers Local No. 190, which the Office of General Services feared would cause disruption and delay to the South Mall project, a 'time of the essence' contract. Staley, Jr., J. argues that the State's action was lawful, citing State Finance Law § 174 and previous cases that permit bid rejection in the best interests of the State, especially when a labor dispute threatens project completion. The dissent distinguishes this case from precedents involving mere threats of union action. However, the majority decision, which this opinion dissents from, reversed the judgment and ruled in favor of the petitioner.

Labor DisputeBid RejectionState ContractPublic WorksTime of EssenceJudicial ReviewAppellate DecisionProcurement LawNonunion WorkersProject Delay
References
3
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
Case No. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
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