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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
Dec 02, 1993

Hart v. Holtzman

This case involves a CPLR article 78 petition challenging a determination made by the Comptroller of the City of New York. The Comptroller had ruled that rehabilitation and construction work on the Greenpoint Hospital site, despite being publicly financed, was for privately-owned and constructed housing for low-income tenants, thus not constituting "public works" under New York State Labor Law § 220. Consequently, the Comptroller determined that workers on these projects were not entitled to prevailing wages. The Supreme Court affirmed the Comptroller's decision, finding it had a rational basis and was neither arbitrary nor capricious. The appellate court further affirmed, emphasizing that the primary objective of the work, not incidental public benefit or significant governmental funding, determines if a project is a "public work" subject to prevailing wage requirements, especially when private developers retain ownership and construction risk.

Public WorksPrevailing WageLabor Law § 220Comptroller DeterminationCPLR Article 78 PetitionRational Basis ReviewPrivate ProjectsGovernmental FundingConstruction ContractsAppellate Division
References
2
Case No. MISSING
Regular Panel Decision

Cantelmo v. New York State Comptroller

The petitioner, a police officer for the Port Authority of New York and New Jersey, applied for performance of duty and accidental disability retirement benefits, including World Trade Center accidental disability benefits, following diagnosis of posttraumatic stress disorder (PTSD) related to the September 11, 2001, attacks. Respondent Comptroller denied the applications, concluding the petitioner was not permanently disabled. Conflicting medical evidence was presented, with the petitioner's experts diagnosing permanent PTSD disability and the Retirement System's psychiatrist diagnosing a treatable major depressive disorder. The court affirmed the Comptroller's determination, stating that the Comptroller has the authority to resolve conflicts in medical evidence and that the Retirement System's expert provided a rational and fact-based opinion, thus supporting the determination with substantial evidence.

Disability Retirement BenefitsPolice OfficerPTSDWorld Trade Center AttackComptroller's DeterminationMedical Evidence ConflictPermanent IncapacityPsychiatric EvaluationArticle 78 ProceedingNew York State and Local Police and Fire Retirement System
References
6
Case No. MISSING
Regular Panel Decision

Fernandez v. New York State & Local Retirement Systems

The petitioner, a physician, sought a recalculation of his retirement benefits, specifically challenging the Comptroller's decision to exclude compensation from 1996 to 1999. The Comptroller had determined that the petitioner was an independent contractor during this period, making his earnings ineligible for inclusion in his final average salary. The court reviewed this determination in a CPLR article 78 proceeding. Finding substantial evidence to support the Comptroller's findings, which included the county issuing 1099 tax forms, requiring specific contracts, and the absence of employee benefits, the court confirmed the determination and dismissed the petition.

retirement benefitsindependent contractorfinal average salaryComptroller determinationCPLR article 78 proceedingOrleans County1099 tax formsW-2 wage statementsemployer-employee relationshippension recalculation
References
3
Case No. MISSING
Regular Panel Decision

Brosnahan v. New York State Employees' Retirement System

The case involves a petitioner's challenge under CPLR article 78 against the Comptroller's decision to remove his salary and service credits from his retirement record. The petitioner, employed by Suffolk Regional Off-Track Betting Corporation, initially had his position reported to the New York State Employees’ Retirement System as full-time employment. However, an investigation by the Comptroller concluded that an employer-employee relationship did not exist, leading to the termination of his retirement system membership. The petitioner argued that the Comptroller lacked authority for the deletion, should be estopped, and that the "results-means" control test applied was an unpromulgated rule. The court rejected these arguments, affirming the Comptroller's statutory duty to correct errors and finding sufficient evidence to support the determination that the petitioner was an independent contractor. Consequently, the determination was confirmed, and the petition dismissed.

Employee status disputeIndependent contractor classificationRetirement record correctionGovernmental estoppelAdministrative determination reviewService creditsSalary deletionEmployer-employee relationship testJudicial review of agency actionCPLR article 78 proceeding
References
9
Case No. MISSING
Regular Panel Decision

Matter of Ryan v. DiNapoli

The petitioner, a highway maintenance worker, sought enhanced disability retirement benefits after sustaining injuries in 2007, 2010, and 2011 while performing job duties. His application, based on these three incidents, was initially denied by respondent Comptroller, who found none of the incidents qualified as accidents under the Retirement and Social Security Law. This decision overruled a Hearing Officer's ruling that the July 2011 incident was an accident. The court, in a CPLR article 78 proceeding, reviewed the Comptroller's determination. The court concluded that substantial evidence supported the Comptroller's finding that the injuries were not 'accidents,' as they occurred during regular job duties or involved reasonably anticipated risks. Consequently, the Comptroller's determination was confirmed, and the petition was dismissed.

Disability retirement benefitsEnhanced disabilityJob-related injuriesAccident definitionRetirement and Social Security LawCPLR Article 78Comptroller determinationSubstantial evidenceAnticipated risksHighway maintenance worker
References
15
Case No. 528398
Regular Panel Decision
Oct 17, 2019

Matter of Angelino v. New York State Comptroller

Petitioner Joseph Angelino, a police officer, sought accidental disability retirement benefits after sustaining wrist injuries in two separate on-duty incidents in 2012 and 2013. The New York State and Local Police and Fire Retirement System denied his application, a decision upheld by the Comptroller. Angelino initiated a CPLR article 78 proceeding to challenge the determination. The court addressed whether the September 2012 incident constituted an 'accident' and if Angelino was permanently incapacitated due to the September 2013 accident. The Appellate Division found that substantial evidence did not support the Comptroller's determination regarding permanent disability from the 2013 accident, specifically noting reliance on an incomplete medical expert opinion. Consequently, the determination was annulled, and the matter remitted for further proceedings consistent with the court's decision.

Accidental disability retirement benefitsPolice officer injuryWrist injuryFoot pursuitBuilding collapsePermanent incapacityRetirement and Social Security LawDefinition of accidentCredibility determinationConflicting medical opinions
References
22
Case No. MISSING
Regular Panel Decision

Di Francesco v. Comptroller of New York

The petitioner sought accidental disability retirement benefits after sustaining leg and wrist injuries. Both the Medical Disability Board and a subsequent hearing denied the application, determining that the petitioner was not permanently disabled from performing duties as a senior court officer. The court rejected claims that the Hearing Officer improperly restricted the presentation of medical evidence and found that the Workers’ Compensation Board’s finding of continuing disability was not binding on the Comptroller. Ultimately, the court confirmed the Comptroller's determination, concluding it was supported by substantial credible evidence from an orthopedic specialist.

Accidental Disability BenefitsRetirement SystemsMedical Evidence AdmissibilityCollateral EstoppelWorkers' CompensationSubstantial Evidence ReviewAdministrative LawCourt Officer DisabilityAppellate ReviewCPLR Article 78
References
9
Case No. 03-03-00643-CV
Regular Panel Decision
Jul 15, 2004

Alpine Industries, Inc. v. Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas And Greg Abbott, Attorney General for the State of Texas

Alpine Industries, Inc. appealed a district court's summary judgment that held it responsible for collecting Texas sales taxes as a direct sales organization. The Comptroller of Public Accounts determined Alpine, which utilizes independent salespersons to sell air-purification equipment, fell under a provision of the Texas Tax Code requiring it to collect and remit sales tax. Alpine contested this, arguing the Comptroller failed to prove it was a direct sales organization, did not make an individualized determination for administrative efficiency, and that the tax violated the Commerce, Due Process, and Equal Protection clauses of the United States and Texas Constitutions. The appellate court affirmed the district court's judgment, ruling that the Comptroller properly applied the tax code and that the tax did not infringe upon Alpine's constitutional rights. Furthermore, the court upheld the Comptroller's counterclaim for over $2 million in back taxes.

Tax lawSales tax liabilityDirect sales organizationAdministrative efficiencyCommerce ClauseDue ProcessEqual ProtectionConstitutional lawSummary judgmentAppellate review
References
25
Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement System

Petitioner, a maintenance worker at Carthage Central School District, was injured after a ladder slid off an elevator roof while he was repairing masonry. He applied for disability retirement benefits under Retirement and Social Security Law article 15, which was initially granted by a Hearing Officer but later denied by the Comptroller. The core issue revolves around whether the incident constituted an 'accident' for disability purposes. This CPLR article 78 proceeding was initiated to review the Comptroller's determination. The court found that the slipping of the ladder or plywood was a sudden and unexpected event, constituting an accident as a matter of law. Therefore, the court annulled the Comptroller's determination and remitted the matter for further proceedings.

Disability Retirement BenefitsAccidental InjuryLadder FallElevator ShaftMaintenance WorkerComptroller Decision ReviewCPLR Article 78 ProceedingWorkplace AccidentRetirement and Social Security LawJudicial Review
References
7
Case No. MISSING
Regular Panel Decision

Bourret v. Regan

A senior transportation survey supervisor, referred to as the petitioner, was injured while voluntarily assisting a co-worker in loading traffic survey material onto a truck. The petitioner injured an arm when a sign frame slipped, rendering him unable to work. Although his application for ordinary disability retirement was granted, his application for accidental disability retirement benefits was denied by the State Comptroller. The Comptroller determined that the injury was not an "accident" within the meaning of the Retirement and Social Security Law, concluding that loading vehicles was part of the petitioner's overall duties and that an item slipping during loading is an inherent risk. The court confirmed the Comptroller's determination, finding it supported by substantial evidence, and dismissed the petition.

Accidental DisabilityRetirement BenefitsState ComptrollerInjury at WorkLoading AccidentSubstantial EvidenceArticle 78 ProceedingState Department of TransportationInherent RiskDisability Retirement
References
1
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