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

Case No. 680/2025
Regular Panel Decision
Nov 07, 2025

Matter of Hans-Gaston v. Sunshine

This Article 78 special proceeding concerns a challenge by Petitioner Principal Hans-Gaston against the Kings County Clerk's protocol for processing applications to remove actions from lower courts to the Supreme Court. The Petitioner argued that the Clerk improperly required the commencement of a new special proceeding or action for motions made pursuant to CPLR 325(b), which mandates that such applications be made by motion. The Court meticulously analyzed the distinctions between motions and special proceedings, emphasizing that a special proceeding requires explicit statutory authorization, which is absent for CPLR 325(b) motions. The decision concludes that the County Clerk's protocol is improper and contrary to law. Consequently, the Court granted the petition in part, directing the Respondent to accept properly filed CPLR 325(b) motions without compelling the initiation of a new special proceeding or action.

CPLR Article 78MandamusMinisterial DutySpecial ProceedingMotion PracticeCase RemovalCourt JurisdictionCounty Clerk ProtocolCivil ProcedureStatutory Interpretation
References
29
Case No. MISSING
Regular Panel Decision

Leyh v. Property Clerk of the City of New York Police Department

Plaintiff Evelyn Leyh initiated a federal action against the New York City Police Department and its Property Clerk, seeking the return of her seized automobile and alleging constitutional violations. She claimed deprivation of property without due process, that the forfeiture provision of the New York City Administrative Code constituted a bill of attainder, and malicious prosecution. While a state court had previously ruled in her favor regarding the forfeiture, the federal court addressed her remaining claims. The court granted summary judgment to the defendants on the due process and bill of attainder claims, upholding the constitutionality of the property seizure procedures based on prior federal rulings. Additionally, the federal court declined to exercise supplemental jurisdiction over the state law malicious prosecution claim, dismissing it as all federal claims had been resolved.

Due ProcessBill of AttainderMalicious ProsecutionSummary JudgmentCivil ForfeitureAutomobile Seizure42 U.S.C. § 1983Supplemental JurisdictionFederal CourtState Law Claims
References
13
Case No. 13-CV-7588 (RWS)
Regular Panel Decision
Apr 09, 2014

New York State Court Clerks Ass'n v. Unified Court System

The New York State Court Clerks Association and Monica Shaw Burns filed a lawsuit against several New York State Judges, the Unified Court System (UCS), and the Office of Court Administration (OCA), alleging violations of the Fair Labor Standards Act (FLSA) due to uncompensated overtime work. The defendants moved to dismiss the amended complaint, citing Eleventh Amendment sovereign immunity. The court granted the motions, ruling that the Eleventh Amendment bars claims against UCS, OCA, and the State Judges in their official capacities, as Congress did not abrogate state sovereign immunity under the FLSA. The court also found that plaintiffs failed to adequately allege that the State Judges were 'employers' under the FLSA's 'economic reality' test, and that employees cannot seek injunctive relief under FLSA. Consequently, the amended complaint was dismissed with prejudice.

Overtime WagesFair Labor Standards ActEleventh Amendment ImmunitySovereign ImmunityDeclaratory Judgment ActMotion to DismissSubject Matter JurisdictionState Judicial OfficialsOfficial Capacity SuitEconomic Reality Test
References
63
Case No. MISSING
Regular Panel Decision
Apr 20, 1992

Town of Newburgh v. Civil Service Employees Ass'n

This case involves an appeal concerning an arbitration award related to a collective bargaining agreement. The petitioner sought to vacate an arbitrator's award that mandated salary increases for incumbent typist employees to match a new hire's salary rate. The respondent, Civil Service Employees Association, cross-petitioned to confirm the award. The Supreme Court denied the petition and confirmed the award. On appeal, the judgment was modified; the appellate court vacated the portion of the arbitration award concerning the specific salary increase and remitted the matter to the arbitrator. The court affirmed that the timeliness of a grievance is an arbitrator's domain but found the arbitrator exceeded authority by fashioning a remedy outside the collective bargaining agreement's explicit limitations. The case was remitted for a modified award consistent with the agreement's terms.

Arbitration AwardCollective Bargaining AgreementSalary DisputeExceeding AuthorityProcedural TimelinessJudicial ReviewContractual LimitationsGrievance ProcedureTypist SalariesAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Mead v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees

A General Chairman of the Brotherhood of Railway, Airline and Steamship Clerks (B.R.A.C.) sought an injunction against the International Union to prevent the transfer of funds from local lodge treasuries to a new Express Division in New York City, alleging a violation of 29 U.S.C. § 501(a) due to potential fund mismanagement. Defendants moved to dismiss, claiming the transfers were approved and lacked proof of present fiscal mismanagement. The court, adopting a restrictive view of Section 501 focused solely on financial dealings, determined that the plaintiff's claims, without evidence of current mismanagement, did not establish a legally cognizable cause of action. Therefore, the defendants' motion to dismiss the complaint was granted.

Union DisputesLabor UnionsInter-union Funds29 U.S.C. 501Injunctive ReliefMotion DismissalRestrictive Statutory InterpretationFinancial OversightOrganizational ReorganizationFederal Labor Law
References
5
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision

Harwood v. Addison

Petitioner initiated a CPLR article 78 proceeding challenging the termination of her employment as a senior account clerk typist by the City of Watertown, following charges of incompetence and misconduct. The Appellate Division modified the determination, annulling the finding of guilt on one specification of misconduct due to lack of substantial evidence. The court also deemed the termination penalty "shocking to one’s sense of fairness" given the petitioner's long service, lack of prior discipline, and external factors contributing to the issues. The matter was remitted for the imposition of a lesser penalty, not exceeding a two-month suspension without pay.

Employment LawAdministrative ReviewCPLR Article 78Public Sector EmploymentWrongful TerminationJudicial ReviewPenalty MitigationDue ProcessSubstantial Evidence ReviewAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

Metz v. County of Suffolk

Petitioner Metz challenged the New York State Division of Human Rights (NYSDHR)'s determination of no probable cause regarding her disability discrimination complaint against the County of Suffolk, Department of Labor. Metz, a clerk/typist, alleged the County failed to accommodate her disability by transferring her to a worksite that worsened her medical condition, despite other alleged available positions. She contended that the NYSDHR's dismissal was arbitrary and capricious, partly due to insufficient time to present evidence. The court, applying the 'arbitrary and capricious or lacking a rational basis' standard, found that Metz did not meet her burden. The court concluded that her claim was about commute length, not essential job functions, and lacked verified evidence, ultimately denying her application.

Disability discriminationReasonable accommodationHuman rights lawProbable causeAdministrative reviewArbitrary and capriciousSuffolk CountyClerk/typistEmployment lawWorksite transfer
References
8
Case No. MISSING
Regular Panel Decision

Pollman v. Fahey

The petitioner, a clerk typist, was terminated from her employment with the Albany County Social Services Department following an incident on June 16, 1983. After a reprimand, she became distressed and engaged in a physical altercation with Security Officer Diane Cioffi, resulting in Cioffi's injury. Petitioner was subsequently convicted of disorderly conduct. A Civil Service Law § 75 hearing found her guilty of disruption and assault, leading to dismissal. In a CPLR article 78 proceeding, the petitioner challenged the termination, citing inadequate findings, a biased hearing officer, lack of substantial evidence, and excessive punishment. The court confirmed the determination, affirming that the findings were adequate, no bias was shown, the decision was supported by substantial evidence, and dismissal was not unduly severe given the gravity of the misconduct.

Employment TerminationMisconductAssaultCPLR Article 78Civil Service LawAdministrative HearingJudicial ReviewSubstantial EvidenceDue ProcessPanel Decision
References
5
Case No. TP 13-02080
Regular Panel Decision
Jun 20, 2014

HARWOOD, BRENDA v. ADDISON, SHARON

Brenda Harwood, a senior account clerk typist for the City of Watertown's Parks and Recreation Department, was terminated from her employment following charges of incompetence and misconduct. A hearing officer initially sustained some charges but recommended an employee improvement plan instead of termination. The respondent, Sharon Addison, City Manager, adopted some findings of guilt and sustained an additional specification, subsequently terminating Harwood's employment. The Appellate Division found that the determination of guilt on one specific misconduct charge (charge 2, specification 2) was not supported by substantial evidence and that the penalty of termination was disproportionate to the remaining sustained charges of incompetence, especially considering Harwood's 29 years of unblemished service. The court modified the determination, annulling the unsupported misconduct finding, vacating the termination penalty, and remitting the case for imposition of a lesser penalty not exceeding a two-month suspension without pay.

Employment TerminationMisconductIncompetenceJudicial ReviewAppellate DecisionCivil Service LawPenalty VacatedRemittalSufficiency of EvidenceDue Process
References
12
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