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

Case No. 2021 NY Slip Op 06069 [199 AD3d 438]
Regular Panel Decision
Nov 09, 2021

Matter of Ashanti v. New York City Conflicts of Interest Bd.

The Appellate Division, First Department, confirmed the determination of the New York City Conflicts of Interest Board, finding that petitioner Karl J. Ashanti violated New York City Charter and City rule provisions. Ashanti was ordered to pay an aggregate civil penalty of $8,500. The court found substantial evidence supported the determination that Ashanti used his City position to gain personal advantage in negotiations on behalf of his wife and utilized City letterhead to advance a legal position contrary to the City's interests. The court rejected the petitioner's due process and agency bias claims, concluding that the penalty imposed did not shock the conscience.

Conflicts of InterestPublic OfficialsEthical ViolationsCivil PenaltyDue ProcessAgency BiasSubstantial EvidenceAppellate ReviewAdministrative Law JudgeCredibility Determinations
References
4
Case No. MISSING
Regular Panel Decision

Seife v. National Institutes of Health

Plaintiff Charles Seife, acting pro se, filed a Freedom of Information Act (FOIA) lawsuit against the National Institutes of Health (NIH) to obtain records concerning "special governmental employees" (SGEs) who serve on NIH advisory panels. Seife specifically requested documents from the ethics files of 44 NIH SGEs related to managing conflicts of interest, including "recusal lists" and "waiver determinations." NIH produced partially redacted documents, withholding information based on FOIA Exemptions 3 and 6, which protect confidential financial disclosure reports and personal privacy. The court granted Seife's motion in part, ordering NIH to release unredacted waiver determinations concerning SGEs' financial interests and relationships, but allowed redaction of identifying information about spouses or dependent children, and upheld the withholding of recusal lists. The decision balanced the SGEs' privacy interests against the public's interest in government transparency and accountability regarding potential conflicts of interest.

FOIANational Institutes of HealthSpecial Governmental EmployeesConflict of InterestRecusal ListsWaiver DeterminationsEthics in Government ActFinancial DisclosurePrivacy InterestsGovernment Transparency
References
35
Case No. MISSING
Regular Panel Decision
Sep 03, 1997

Byer v. Town of Poestenkill

This case is an appeal concerning the validity of Local Law No. 2 of the Town of Poestenkill, which allowed rezoning for gravel mining. The initial Supreme Court judgment annulled the law due to a purported conflict of interest by a Town Board member and an inadequate environmental review under SEQRA. The appellate court reversed this decision, finding no conflict of interest as the financial benefit was speculative and the Ethics Board's finding of no conflict was rational. Furthermore, the court found the Town Board's SEQRA review sufficient, as it had thoroughly assessed environmental impacts. The case was remitted to the Supreme Court to address an unreviewed issue regarding protest petitions.

Environmental LawZoningLocal LawsConflict of InterestSEQRAJudicial ReviewTown BoardGravel MiningPublic OfficialsAppellate Review
References
16
Case No. MISSING
Regular Panel Decision
Jun 11, 2007

Willard J. Price Associates, LLC v. Stateside Construction, LLC

This case involves an appeal concerning the denial of Stateside's motion to dismiss indemnification and contribution claims brought by Price. Price, the site owner, had settled an underlying personal injury action and subsequently sued its construction manager, Stateside, based on an indemnity clause. Stateside argued that a conflict of interest warranted dismissal, stemming from a previous attorney disqualification in the underlying action where an attorney hired by Price's insurer sued Stateside. The court affirmed the denial of the motion to dismiss, distinguishing the current case by noting that while a key individual (Moragianis) wholly owned Proto (Price's property manager) and Stateside, he only held a minority interest in Price, thereby mitigating the alleged conflict of interest, especially with the retention of new, independent counsel.

IndemnificationContributionConflict of InterestAttorney DisqualificationCorporate OwnershipLLCInsuranceConstruction WorkerPersonal InjuryThird-Party Action
References
1
Case No. MISSING
Regular Panel Decision

Perez v. Arya National Shipping Line, Ltd.

Luis Perez, a longshoreman injured in 1973, commenced an action against a shipowner in 1975, fifteen months after receiving compensation under the Longshoremen’s and Harbor Workers' Compensation Act (LHWCA). The shipowner moved to dismiss the complaint, arguing that Perez's right to sue was assigned to his employer because he failed to initiate the action within the six-month statutory period outlined in LHWCA section 33(b). Perez invoked the "conflict of interest" exception established in Czaplicki v. The Hoegh Silvercloud. The court examined who bears the burden of proof for this exception, ultimately siding with the defendant's position that the employee must demonstrate such a conflict. The defendant's motion to dismiss was denied, but Perez was given forty-five days to present competent evidence of a conflict of interest.

Longshoremen's and Harbor Workers' Compensation ActConflict of InterestAssignment of ClaimsMotion to DismissBurden of ProofStatutory InterpretationThird-Party LiabilityEmployer IndemnificationWorkers' Compensation BoardMaritime Law
References
12
Case No. MISSING
Regular Panel Decision

Anthony McK. v. Dawn M.

Dr. Louis Lauro, a court-appointed forensic evaluator, filed a motion to be relieved from a child custody case, citing a conflict of interest after being sued by the petitioner. The petitioner initially concurred with the motion, while the respondent and the attorney for the child strongly opposed it, emphasizing the child's best interests and the need to avoid further delays in a case that had already seen multiple evaluators. The court, presided over by Judge Paula J. Hepner, J., denied Dr. Lauro's motion. The decision underscored the principle that litigants cannot impede judicial proceedings and prioritized the child's right to finality and well-being, finding no actual conflict of interest since Dr. Lauro only assessed the respondent and had no professional relationship with the petitioner. The court also highlighted that the petitioner's litigious behavior had significantly delayed the custody proceedings, to the detriment of the child.

Child CustodyForensic EvaluationConflict of InterestPsychological EthicsJudicial DiscretionBest Interests of the ChildDelay in LitigationRecusal AnalogyFamily LawLitigant Misconduct
References
24
Case No. MISSING
Regular Panel Decision

People v. McLaughlin

The People moved to disqualify the Legal Aid Society from representing the defendant, Mr. McLaughlin, on the grounds that the Society had previously represented a key prosecution witness, Mr. Luis Elicier. The defense argued against the motion, citing timeliness and claiming no actual conflict of interest. The court, presided over by Justice Carol Berkman, found an actual conflict due to the Society's prior representation of Elicier and their stated intent to implicate him in the current crimes. Despite the defendant's desire to retain his chosen counsel and the Society's proposed 'Chinese Wall' defense, the court ruled that the conflict of interest was undeniable and ordered the disqualification of the Legal Aid Society. The decision emphasized the importance of maintaining the integrity of the justice system and protecting the former client's confidences, overriding the defendant's Sixth Amendment right to counsel of choice in this instance.

Attorney disqualificationConflict of interest (legal)Sixth Amendment right to counselAttorney-client privilegeEthical violationsCriminal defenseProsecution witnessFormer client representationJudicial ethicsNew York courts
References
13
Case No. MISSING
Regular Panel Decision

Schairer v. Schairer

The wife filed a motion to disqualify the law firm of Sari Friedman, P.C. from representing her husband in their ongoing divorce proceedings, citing a conflict of interest. This conflict stemmed from Ms. Friedman's prior representation of the court-appointed custody forensic expert in his own divorce case in 1995. The husband cross-moved to disqualify the same forensic expert, alleging potential bias against police officers and Ms. Friedman's previous representation of the expert. The court found a clear appearance of a conflict of interest, as Ms. Friedman could not effectively cross-examine her former client, the expert, without potentially using privileged confidential information. Consequently, the court granted the wife's motion to disqualify Sari Friedman, P.C. and denied the husband's cross-motion, determining that any claims of bias against the expert could be addressed during trial.

DivorceAttorney DisqualificationConflict of InterestForensic ExpertCustodySpousal DisputeProfessional EthicsConfidentialityLegal RepresentationJudicial Opinion
References
10
Case No. MISSING
Regular Panel Decision

Nelson Electrical Contracting Corp. v. Transcontinental Insurance

Plaintiff, an electrical contractor, faced lawsuits from Pyramid Company related to worker injuries, including claims for indemnification and contribution (covered by insurance) and breach of contract for failing to name Pyramid as an additional insured (uncovered). The defendant insurer acknowledged a conflict of interest and permitted the plaintiff to select independent counsel. Plaintiff's counsel made a tactical decision not to oppose Pyramid's motion for summary judgment on indemnification, aiming to protect the plaintiff from greater liability on the uncovered claim, despite potentially adverse effects on the defendant's interests regarding covered claims. Consequently, the defendant disclaimed coverage, citing non-cooperation. The appellate court affirmed the decision, ruling that an insured's independent counsel, acting in the insured's paramount interest during a conflict with the insurer, can make such tactical decisions without breaching cooperation clauses or assuming obligations.

conflict of interestindependent counselinsurance coverageduty to defendindemnificationbreach of contracttactical litigation decisionsinsurer's good faithinsured's rightsprofessional responsibility
References
4
Case No. MISSING
Regular Panel Decision

Filippi v. Elmont Union Free School District Board of Education

Plaintiff Karen Filippi filed an employment discrimination and retaliation lawsuit against her employer, the Elmont Union Free School District Board of Education, Superintendent Al Harper, and administrator Robert Geras. Defendants moved to disqualify plaintiff's counsel, the Law Offices of Steven A. Morelli and Eric Tilton, due to a conflict of interest. An associate at the Morelli Firm, Lorraine Ferrigno, also serves as the Vice President of the defendant Board of Education. The Court found a clear and unwaivable conflict of interest under New York State Rules of Professional Conduct Rule 1.7 and Rule 1.11, as Ferrigno had a fiduciary duty to the Board and personally received letters regarding Filippi's claims. Despite screening measures, the Court deemed them insufficient in the small, six-lawyer firm and concluded the conflict was non-waivable. The motion to disqualify both the Morelli Firm and Eric Tilton, due to his close affiliation, was granted.

Employment DiscriminationRetaliationConflict of InterestAttorney DisqualificationFiduciary DutyProfessional EthicsNew York State Rules of Professional ConductJudicial DiscretionSmall Law FirmScreening Procedures
References
34
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