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

Case No. 08-cv-6567L
Regular Panel Decision

Davis v. NYS Department of Corrections Attica Correctional Facility

Plaintiff Stefanie A. Davis, a former employee of the New York State Department of Corrections at Attica Correctional Facility, filed a lawsuit alleging race and gender discrimination and unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She claimed her supervisor assigned her a disproportionate number of minority inmates, and she faced retaliation after complaining. Defendant's initial motion for summary judgment was granted for all claims except retaliation. Following this, Defendant filed a second motion for summary judgment on the remaining retaliation claim. The court granted Defendant's second summary judgment motion, concluding that Plaintiff failed to establish a prima facie case for retaliation, specifically noting the absence of protected activity and materially adverse employment action.

Employment DiscriminationRetaliationTitle VIINew York State Human Rights LawSummary JudgmentRace DiscriminationGender DiscriminationProtected ActivityAdverse Employment ActionPro Se Litigant
References
24
Case No. MISSING
Regular Panel Decision

Davis v. State of New York Department of Corrections

Plaintiff Melvin Davis, an African-American correction officer at Fishkill Correctional Facility, sued his employer DOCCS and coworkers Keith Canfield and James McAnney for hostile work environment under Title VII and § 1983, and for retaliation under Title VII. Davis alleged three incidents: a bag remnant and twine resembling a noose, a toy rat with a noose outside his apartment, and racist graffiti in the workplace restroom. The court granted the defendants' motion for summary judgment, finding that the bag remnant did not objectively resemble a noose, the toy rat incident could not be attributed to the defendants, and DOCCS took appropriate remedial action regarding the graffiti. Consequently, the court concluded that the incidents were not sufficiently severe or pervasive to constitute a hostile work environment, and the retaliation claim also failed due to lack of attributable adverse action.

DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentCorrection OfficerWorkplace HarassmentRacial DiscriminationCivil RightsTitle VIISection 1983
References
52
Case No. MISSING
Regular Panel Decision
Sep 15, 2008

Brown v. New York State Department of Correctional Services

Plaintiff Curtis Brown, an African-American Correction Officer, sued his employer, the New York State Department of Correctional Services (DOCS), and other defendants, alleging severe and continual racial harassment, discrimination, and retaliation by his white coworkers. He filed multiple administrative charges and then commenced this action asserting claims under Title VII of the Civil Rights Act, 42 U.S.C. §§ 1981, 1983, and the New York State Human Rights Law. The court addressed the defendants' motion for summary judgment, dismissing claims against individual defendants under Title VII, various institutional defendants, all constructive discharge claims, and state law claims due to Eleventh Amendment immunity or the election of remedies. However, the court denied summary judgment on Brown's Title VII hostile work environment and retaliation claims against DOCS, and his 42 U.S.C. § 1981 claims against individual defendants, finding genuine issues of material fact regarding the pervasive nature of harassment and the adequacy of the employer's remedial actions.

Racial DiscriminationHostile Work EnvironmentRetaliationEmployment LawTitle VIISection 1981Section 1983Eleventh AmendmentSummary Judgment MotionCorrectional Services
References
76
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. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
Case No. MISSING
Regular Panel Decision

Thomas v. Nassau County Correctional Center

Plaintiff Robert Thomas, an inmate, filed a pro se action under 42 U.S.C. § 1983 against the Nassau County Correctional Center, Sheriff Edward Reilly, Officer Kenneth H. Williams, Nassau County, and the Director of Nassau County University Hospital, alleging inadequate medical treatment for an injured hand. The Nassau County defendants moved to dismiss the complaint for failure to state a federal cause of action, arguing the allegations amounted to medical malpractice, not an Eighth Amendment violation. The court found that Thomas failed to allege a sufficiently serious medical condition or deliberate indifference from the defendants. Consequently, the court granted the motion to dismiss the claims against the Nassau County defendants and sua sponte dismissed claims against the director, both without prejudice. The plaintiff was granted leave to file an amended complaint.

Inadequate Medical CareDeliberate IndifferenceEighth AmendmentFourteenth AmendmentSection 1983Prisoner RightsMotion to DismissMedical MalpracticePro Se PlaintiffJail Conditions
References
38
Case No. Action No. 1
Regular Panel Decision

Felicciardi v. Town of Brookhaven

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. MISSING
Regular Panel Decision

Scott v. City of New York Department of Correction

Plaintiff Collette J. Scott sued Norman Seabrook, the Corrections Officers’ Benevolent Association of the City of New York (COBA), and the City of New York Department of Corrections (DOC), alleging sexual assault, hostile work environment, and retaliation under Title VII and state law. Defendants moved for summary judgment on all claims. Magistrate Judge Gabriel W. Gorenstein recommended granting summary judgment for all defendants on retaliation claims and for DOC on hostile work environment, but denying it for the Seabrook defendants on the hostile work environment claim. District Judge Sidney H. Stein adopted this recommendation in its entirety after de novo review. The Court dismissed all claims against DOC and retaliation claims against Seabrook defendants but denied summary judgment for Seabrook defendants on the hostile work environment claim.

Sexual HarassmentHostile Work EnvironmentRetaliationSummary JudgmentTitle VIILabor Union LiabilitySex DiscriminationCorrectional OfficersMagistrate Judge RecommendationFederal Rules of Civil Procedure 56
References
65
Case No. MISSING
Regular Panel Decision

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Sep 30, 1997

Sidor v. Zuhoski

This case involves appeals from an order concerning two related actions: one for personal injuries (Action No. 1) and another for wrongful death (Action No. 2). Joseph and Gregory Zuhoski appealed the denial of their motion for summary judgment seeking to dismiss the complaint in Action No. 1. Separately, Colin Van Tuyl, as Executor of the Estate of Janet A. Van Tuyl, and Brianna and Colin Van Tuyl, individually, appealed both the denial of the Zuhoskis' motion and the granting of Martin Sidor & Sons, Inc.'s motion to amend its answer in Action No. 2. The Appellate Division affirmed the order, noting the trial court's sound discretion in granting leave to amend pleadings, particularly when the failure to deny allegations was an inadvertent mistake. Furthermore, the court found an issue of fact regarding Gregory Zuhoski's employment status at the time of the accident, which justified the denial of the Zuhoskis' motion for summary judgment.

Personal InjuryWrongful DeathSummary JudgmentAppealPleading AmendmentDiscretion of Trial CourtWorkers' Compensation LawScope of EmploymentAppellate DivisionSuffolk County Litigation
References
12
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