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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

In Re Criminal Contempt Proceedings Against Crawford

This decision addresses a criminal contempt proceeding initiated by the government against Gerald Crawford and Michael Warren for allegedly violating a temporary restraining order (TRO). The TRO, issued in an underlying civil action, prohibited certain conduct outside reproductive health care facilities. Defendants sought dismissal, arguing the TRO had expired under Rule 65(b) before their alleged violations. The Court rejected this, holding that the extended TRO became an appealable preliminary injunction, thus requiring defendants to obey it. The Court further denied defendants' motions for recusal, change of venue, and dismissal based on First Amendment claims, upholding the enforceability of its order.

Criminal ContemptTemporary Restraining Order (TRO)Preliminary InjunctionRule 65(b)Collateral Bar DoctrineFirst Amendment RightsRecusal MotionChange of Venue MotionJudicial AuthorityAppellate Review
References
55
Case No. 267 AD2d 668
Regular Panel Decision
Mar 17, 1999

In re the Arbitration between Civil Service Employees Ass'n & State

This case involves an appeal from a judgment of the Supreme Court concerning two proceedings. Proceeding No. 1, initiated by Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA) on behalf of Garmon Carnibucci, sought to confirm an arbitration award regarding the restoration of sick leave accruals for Carnibucci, who was terminated by the Division For Youth (DFY) under Civil Service Law § 71. Proceeding No. 2, commenced by Carnibucci, sought to hold DFY in contempt for allegedly failing to comply with a prior judgment mandating back pay and benefits. The Supreme Court confirmed the arbitration award and found no contempt, prompting an appeal from the petitioners. The Appellate Division dismissed the appeal in proceeding No. 1, determining that CSEA was not an aggrieved party since the relief it sought (confirmation of the award) was granted. In proceeding No. 2, the court affirmed the Supreme Court's judgment, finding no error in the appointment of a Referee to assess back pay calculations and concluding that DFY was not in contempt due to the lack of specificity in the prior judgment regarding the computation of back pay.

arbitration awardback pay disputesick leave accrualscontempt proceedingCPLR Article 75CPLR Article 78Civil Service Lawpublic employmentworkers' compensation boardjudicial review
References
7
Case No. MISSING
Regular Panel Decision

Insta-Bulk, Inc. v. Powertex Inc.

Powertex, Inc. sought to hold Insta-Bulk, Inc. in contempt for allegedly violating a 1983 injunction by selling patented products outside of agreed-upon territories. Insta-Bulk moved to dismiss the contempt motion, arguing the injunction was inapplicable due to an existing license agreement, or alternatively, to stay proceedings pending arbitration as per the license agreement. The District Court denied Insta-Bulk's motion to dismiss the contempt application, stating that the applicability of the injunction depended on whether Insta-Bulk's actions were authorized by the license. However, the court granted Insta-Bulk's motion to stay the contempt proceedings pending arbitration, concluding that the dispute over sales authorization fell under the license agreement's arbitration clause. The court also clarified that arbitration obligations can survive contract expiration, citing Supreme Court precedent.

ContemptInjunctionPatent InfringementLicense AgreementArbitrationStay of ProceedingsContract DisputeFederal CourtSettlement AgreementJurisdiction
References
2
Case No. MISSING
Regular Panel Decision
Jun 15, 1978

Israeli v. Fatima Cab Corp.

The Fatima Cab Corp. appealed a judgment from the Supreme Court, Kings County, dated June 15, 1978, which found it in contempt for failing to comply with an arbitrator's award directing no-fault payments to the petitioner. The appellate court reversed the contempt judgment, citing the record's lack of basis for the contempt finding and absence of findings regarding willful actions by Fatima Cab Corp. The proceeding was remitted to Special Term for a new hearing to address these deficiencies, specifically considering CPLR enforcement provisions for money judgments or fiduciary duties.

Contempt of CourtNo-Fault PaymentsArbitrator's AwardJudgment EnforcementCPLRWorkers' Compensation BenefitsWillful DefaultAppellate ReviewKings CountyRemand
References
1
Case No. MISSING
Regular Panel Decision

Brotherhood of Railway & Steamship Clerks v. Texas & N. O. R.

This case is a contempt proceeding initiated against the Texas & New Orleans Railroad Company and its officials for violating a temporary injunction issued on August 3, 1927. The injunction aimed to prevent interference with employees' self-organization and representation under the Railway Labor Act. The court found that the defendants deliberately nullified the injunction by promoting the 'Association of Clerical Employees' while actively undermining the 'Brotherhood of Railway and Steamship Clerks'. The judge issued a remedial order, requiring the disestablishment of the company-backed association, re-establishment of the Brotherhood as the employees' representative, restoration of positions and privileges for affected Brotherhood officers and members, and a referral to government law officers to consider criminal contempt charges.

Labor LawContempt of CourtInjunction ViolationRailway Labor ActEmployee RepresentationCollective BargainingUnionizationEmployer InterferenceUnfair Labor PracticesJudicial Enforcement
References
18
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. MISSING
Regular Panel Decision

People ex rel. Sandnes v. Sheriff of Kings County

The relator was found guilty of contempt of court and sentenced to imprisonment for violating a temporary injunction. A writ of habeas corpus was obtained, challenging the legality of the commitment. The court, presided over by Pecora, J. in Engs county, sustained the writ. It found that the original injunction was void because it was issued without the requisite notice under Civil Practice Act § 882, and failed to comply with Civil Practice Act § 876-a, which governs injunctions in labor disputes. The court had exceeded its jurisdiction by proceeding without proper findings, notice, and proof of efforts to settle the dispute. Additionally, the relator was unlawfully denied a jury trial in the contempt proceeding as mandated by Judiciary Law § 753-a, and the commitment order itself was defective for not detailing the circumstances of the contempt. Therefore, the relator was discharged.

Habeas CorpusContempt of CourtTemporary InjunctionLabor DisputeJudicial JurisdictionCivil Practice Act ViolationsJudiciary Law ApplicationLack of NoticeDenial of Jury TrialVoid Orders
References
32
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Grasso & Grasso

This case involves appeals stemming from a CPLR article 75 proceeding concerning an arbitration award between family members, the Grassos. Initially, the Supreme Court partially vacated the arbitration award, which was later modified by the Appellate Division, reinstating a provision for an arbitration hearing to determine asset valuation. During these proceedings, petitioners successfully moved to hold Joseph F. Grasso Jr. in contempt for non-compliance, leading to a judgment against him. On appeal, the court determined that the Supreme Court should have vacated its judgment upon reconsideration, especially after the Appellate Division's decision to reinstate the arbitration provision. Consequently, the judgments against Grasso Jr. were vacated, and the matter of any final judgment was held in abeyance pending further arbitration to determine the value of Trans-American.

Arbitration AwardCPLR Article 75Contempt ProceedingJudgment VacationReconsideration MotionAppellate ReviewEstate LawFamily DisputeArbitration EnforcementOffsetting Awards
References
6
Case No. 2025 NY Slip Op 00226 [234 AD3d 774]
Regular Panel Decision
Jan 15, 2025

Matter of Reid v. Williams

This case concerns an appeal from an order of the Family Court, Queens County, regarding related custody proceedings between Devon Reid (father) and Tibuananna D. Williams (mother). The Family Court granted the father's petition for sole legal and physical custody of their twin sons, denied the mother's petition for sole legal custody, and directed that the mother's parental access be virtual and supervised, contingent upon the children's consent. Additionally, the mother's motion to hold the father in contempt for violating a prior order was denied. The Appellate Division affirmed the Family Court's order, finding its determinations regarding custody, parental access, and the denial of the contempt motion to have a sound and substantial basis in the record.

Child CustodyParental AccessFamily LawBest Interests of ChildrenContempt MotionAppellate ReviewCredibility AssessmentForensic EvaluationIn Camera InterviewSupervised Visitation
References
10
Case No. MISSING
Regular Panel Decision

Overnite Transportation Co. v. Teamsters Local Union No. 480

The Tennessee Supreme Court reviewed an appeal concerning civil contempt. Overnite Transportation Company had sought civil contempt against Teamsters Local Union No. 480 and its officers for violating court orders during a strike. The trial court dismissed Overnite's petition, ruling that compensatory damages for civil contempt were not available if the contemptuous conduct had ceased before the hearing. The Court of Appeals reversed this decision. The Supreme Court affirmed the Court of Appeals' judgment, holding that an order declining to hold a party in civil contempt is appealable and that compensatory damages under Tennessee Code Annotated section 29-9-105 are available for forbidden acts, even if the conduct is no longer ongoing. The case was remanded to the trial court for further proceedings consistent with this opinion.

Civil ContemptAppellate ProcedureSummary JudgmentCompensatory DamagesInjunctive ReliefLabor DisputeStrikeTennessee LawJudicial ReviewDouble Jeopardy
References
12
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