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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

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
Feb 28, 1992

Fonar Corp. v. Deccaid Services., Inc.

The court amended its findings regarding a contempt proceeding and a preliminary injunction. It found defendants Deccaid Services, Inc., Peter Kim, Louis Treglia, Stephen Steckler, and Equi Med Leasing, Inc. in knowing and willful contempt of a prior Temporary Restraining Order issued on October 2, 1991. The defendants were prohibited from copying, reproducing, selling, or using Fonar's copyrighted 'Maintenance Software' and 'Schematics' for Beta 3000 and Beta 3000M MRI Scanners. As a result of the contempt, the plaintiff, Fonar Corporation, was awarded attorneys' fees, and the court issued further prohibitions against the defendants, including David Smith and Medical Funding of America, Inc., from servicing Fonar MRI Scanners using the protected software or schematics, and from forming new business entities to circumvent the order. Additionally, the court granted a preliminary injunction, affirming irreparable harm to Fonar due to copyright infringement and trade secret misappropriation, and the likelihood of success on the merits, thereby enjoining defendants from further violations.

Copyright InfringementContempt of CourtPreliminary InjunctionSoftware ProtectionTrade SecretsMRI TechnologyIntellectual PropertyIrreparable HarmAttorneys' FeesWillful Violation
References
18
Case No. MISSING
Regular Panel Decision

McLeod v. Local Union No. 3, International Brotherhood of Electrical Workers

The Regional Director of the National Labor Relations Board (NLRB) initiated civil contempt proceedings against Local Union No. 3 for violating a temporary injunction issued on October 28, 1971. The injunction prohibited Local 3 from inducing or encouraging its members employed by L. K. Comstock and Co., Lord Electric Co., and J. Livingston & Co. to refuse handling materials from New York Telephone Co. The court found that Local 3, through its attorney's statements and inaction, induced its members to engage in such refusals on multiple occasions. Consequently, the court found Local 3 in civil contempt, ordering it to comply with the injunction, submit a sworn statement of compliance, and pay the NLRB's costs and counsel fees.

Labor LawCivil ContemptTemporary InjunctionUnfair Labor PracticesSecondary BoycottNational Labor Relations ActUnion MisconductWork StoppageInducementEmployee Refusal
References
0
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