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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

Rothstein v. Brezenoff

This CPLR article 78 proceeding seeks to challenge a determination by the Human Resources Administration (HRA) to dismiss petitioner Officer Rothstein for using excessive force. The incident involved Officer Rothstein jabbing a client, Floyd Hendricks, with a nightstick after being bitten during an altercation at the Waverly Income Maintenance Center. The hearing officer initially recommended dismissal of charges, but the HRA commissioner ultimately found Rothstein guilty and upheld the dismissal. The dissenting opinion argues that the commissioner's determination was not based on substantial evidence and that the penalty of dismissal for a single infraction, after seven years of unblemished service, was disproportionate.

CPLR Article 78Disciplinary HearingExcessive ForcePolice MisconductAdministrative ReviewHuman Resources AdministrationDismissal PenaltySubstantial EvidenceDisproportionate PunishmentDissenting Opinion
References
2
Case No. MISSING
Regular Panel Decision

Rorick v. Colvin

Kortney Rorick sought judicial review of the Commissioner of the Social Security Administration's decision denying her application for Social Security Disability and Supplemental Security Income payments. This is Rorick's second attempt at judicial review, following a prior remand in "Rorick I". The current hearing officer again denied benefits, prompting Rorick to ask the Court to reverse or remand. The Court reviewed the hearing officer's findings on residual functional capacity, the severity of migraines, and the step-five determination. Ultimately, the Court found substantial evidence supported the hearing officer's conclusions, including the determination that Rorick's migraines were not a severe impairment, and that the use of medical vocational guidelines was permissible. The Court affirmed the Commissioner's decision and dismissed Rorick's complaint.

Social Security ActDisability BenefitsSupplemental Security IncomeJudicial ReviewResidual Functional CapacityMigraine HeadachesMental ImpairmentsTreating Physician RuleGlobal Assessment of Functioning (GAF)Vocational Expert
References
25
Case No. Docket No. 13
Regular Panel Decision

Rubet v. Commissioner of Social Security

Maria Rubet, claiming disability due to a nervous condition since October 1993, sought judicial review of a decision by the Commissioner of Social Security denying her application for Supplemental Security Income (SSI) benefits. Following a remand and a subsequent hearing, an Administrative Law Judge (ALJ) again found Rubet not disabled, a determination adopted by the Commissioner. Rubet failed to respond to the Commissioner's motion for judgment on the pleadings and a court order. The Court, after reviewing the record and adopting the Commissioner's analysis, found substantial evidence, including medical evaluations, to support the ALJ's finding that Rubet was not disabled. Consequently, the Court granted the Commissioner's motion to dismiss the complaint.

Social SecuritySSI BenefitsDisability ClaimAdministrative Law JudgeMedical EvaluationResidual Functional CapacityMental ImpairmentAppealsJudicial ReviewCommissioner Decision
References
3
Case No. MISSING
Regular Panel Decision

Garber v. Office of the Commissioner of Baseball

This opinion and order by District Judge Shira A. Scheindlin addresses a motion to certify an interlocutory appeal regarding the "baseball exemption" from antitrust liability. The MLB Defendants, joined by Television Defendants, sought to appeal an earlier ruling from August 8, 2014, which held that the Office of the Commissioner of Major League Baseball was not shielded by the baseball exemption in cases like Laumann v. National Hockey League and Garber v. Major League Baseball. The court denies the motion, finding no substantial ground for difference of opinion on the baseball exemption's applicability, nor would an immediate appeal materially advance the litigation's termination. Furthermore, the court clarifies that the scope of the baseball exemption is a threshold merits issue, not a jurisdictional question.

Interlocutory AppealSummary JudgmentAntitrust LiabilityBaseball ExemptionSherman ActControlling Question of LawSubstantial Ground for Difference of OpinionMaterially Advance LitigationJurisdictional IssueMerits Issue
References
27
Case No. MISSING
Regular Panel Decision
Nov 19, 1987

SOC'Y OF NY HOSP v. Axelrod

The Court of Appeals of New York reviewed a challenge by Society of the New York Hospital and New York Eye & Ear Infirmary against the Commissioner of Health, David Axelrod, concerning the denial of Supplemental Hospital Index Factor (SHIF) waivers. These waivers would allow hospitals to be reimbursed for actual, rather than projected, labor cost increases. The Commissioner denied the applications based on an "affordability" test, deeming the hospitals sufficiently affluent. The Court found this "affordability" test to be arbitrary and capricious, exceeding the statutory mandate under Public Health Law § 2807 (3), which focused on costs related to efficient service production. The decision modified the Appellate Division's order, remitting the case to the Commissioner for reconsideration without the "affordability" factor, rather than directing an immediate award of benefits.

Hospital reimbursementLabor cost waiversAdministrative discretionPublic Health LawArbitrary and capriciousStatutory interpretationRate-settingAgency overreachHealthcare financeJudicial review of administrative action
References
6
Case No. MISSING
Regular Panel Decision

Rice v. Commissioner of Social Security

Plaintiff Tammy Rice sought judicial review of the Commissioner of Social Security's final decision denying her application for disability benefits. The District Court considered the Commissioner's motion for judgment on the pleadings. The Administrative Law Judge (ALJ) found that Plaintiff had severe impairments of mild degenerative disc disease of the lumbar spine and mild degenerative joint disease of the knees but did not meet or equal a listed impairment. The ALJ determined Plaintiff could perform light work with restrictions, concluding she was not disabled. The Court found the Commissioner's decision supported by substantial evidence and in accordance with applicable legal standards. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's complaint was dismissed with prejudice.

Social SecurityDisability BenefitsALJ DecisionSubstantial EvidenceMedical EvidenceResidual Functional CapacityTreating Physician RuleFederal Rules of Civil ProcedureRule 12(c)Lumbar Spine
References
28
Case No. MISSING
Regular Panel Decision

Matter of New York State Correctional Officers and Police Benevolent Association, Inc. v. New York State Office of Mental Health

Petitioners, the New York State Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA) and Richard McPhillips, challenged an emergency regulation by the Office of Mental Health (OMH) that mandated unvaccinated personnel in psychiatric facilities wear face masks during influenza season, arguing it was arbitrary and capricious. The Supreme Court dismissed their application, leading to this appeal. The Appellate Division determined the case was not moot, as the subsequently adopted permanent regulation presented the same alleged infirmities. On the merits, the court upheld the regulation, granting OMH significant judicial deference due to its expertise. OMH's decision was based on Department of Health expertise, its own assessment of patient vulnerability, and the efficacy of masks. The court found that OMH adequately addressed concerns regarding communication and role modeling, and reasonably justified exemptions for visitors and attorneys. The judgment dismissing the petition was affirmed.

RegulationsPublic HealthMandatory MasksInfluenzaPsychiatric FacilitiesWorkers' RightsAdministrative LawJudicial DeferenceMootnessCPLR Article 78
References
9
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. 99 Civ. 3594
Regular Panel Decision

Finch ex rel. Moe v. New York State Office of Children & Family Services

Plaintiffs Barbara Finch, Carol Jordan, and Barbara Ortiz allege violations of their Ninth and Fourteenth Amendment rights due to extensive delays in administrative hearings concerning 'indicated' reports of child abuse/maltreatment in New York's Statewide Central Register (SCR). They seek money damages and injunctive relief against the New York State Office of Children and Family Services (OCFS), Commissioner John A. Johnson, and Director Dave R. Peters. The court dismissed claims against OCFS and for money damages against individual defendants due to Eleventh Amendment and qualified immunity, respectively. However, claims for prospective injunctive relief against the individual defendants were allowed to proceed. The court determined that delays of 12-23 months in administrative hearings could constitute an unconstitutional deprivation of a fundamental liberty interest, but found the individual defendants entitled to qualified immunity for damages as this specific violation was not clearly established law. The State defendants' motion to strike references to race and ethnicity was granted.

Due ProcessFourteenth AmendmentChild Abuse MaltreatmentAdministrative HearingsStatewide Central Register (SCR)New York State Office of Children and Family Services (OCFS)Injunctive ReliefQualified ImmunityEleventh AmendmentLiberty Interest
References
78
Case No. MISSING
Regular Panel Decision

Butler v. Monaghan

City police officers sought a temporary injunction and declaratory judgment to invalidate a police commissioner's rule prohibiting police force members from joining labor unions. The court addressed whether plaintiffs would suffer irreparable harm and the likelihood of their success on the merits. It found no irreparable harm, as officers could withdraw union applications or appeal disciplinary actions, leading to full restoration of rights if successful. Furthermore, the court noted that previous rulings in other states consistently upheld the commissioner's authority in such matters. The court also highlighted that the New York State Constitution's provision on employee organization was specifically amended to exclude public employees. Consequently, the motion for a temporary injunction was denied.

Police officersLabor unionsTemporary injunctionDeclaratory judgmentPolice commissionerDisciplinary actionIrreparable harmPublic employeesConstitutional lawFreedom of association
References
20
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