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

Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision

Gold-Greenberger v. Human Resources Administration

The petitioner, a candidate for a local school board, was denied access by the Human Resources Administration (HRA) to a homeless shelter to solicit signatures for his nominating petition. The Supreme Court, Kings County, initially granted the petitioner access, ruling that restricting signature solicitation while allowing voter registration would cause no additional disruption. However, the appellate court reversed this judgment, categorizing the homeless shelter as a 'nonpublic forum.' The court concluded that HRA's denial of access for political campaigning was a reasonable restriction, consistent with the shelter's purpose of providing temporary residential care and services, and protected the privacy interests of residents. The court noted that the petitioner could still campaign outside the shelter.

First AmendmentPublic ForumNonpublic ForumFreedom of SpeechHomeless ShelterPolitical CampaigningVoter RegistrationAccess RestrictionGovernment PropertyMootness Exception
References
18
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. 2021 NY Slip Op 01376
Regular Panel Decision
Mar 09, 2021

Matter of Gesmer v. Administrative Bd. of the N.Y. State Unified Ct. Sys.

This case concerns the appeal of Supreme Court Justices Ellen Gesmer et al. against the Administrative Board of the New York State Unified Court System. The petitioners challenged the Board's denial of their certification for continued judicial service past the mandatory retirement age, a decision attributed to severe budgetary constraints stemming from the COVID-19 pandemic. Supreme Court initially annulled the Board's determination, citing a lack of individualized review. However, the Appellate Division, Third Department, reversed this decision, holding that the Board acted within its broad authority in considering the overall needs of the court system, including economic necessity. Consequently, the petition was dismissed, and the Board's denial of certification was upheld.

Judicial CertificationMandatory Retirement AgeBudgetary ConstraintsCOVID-19 Pandemic ImpactJudicial DiscretionCPLR Article 78 ProceedingDeclaratory Judgment ActionAppellate ReviewAdministrative LawAge Discrimination
References
14
Case No. MISSING
Regular Panel Decision

Garricks v. City of New York

Plaintiff Beverly Garricks sustained injuries after slipping on an icy sidewalk in the Bronx following a heavy snowstorm and subsequently filed a negligence lawsuit against the City of New York. The City contended that its snow removal operations were reasonable, but the trial court precluded evidence regarding an administrative code imposing sidewalk-clearing duties on property owners, which the City argued was relevant to its defense. Although a jury found the City negligent and awarded damages, and the Appellate Division affirmed, the higher court reversed this decision. The court ruled that the exclusion of evidence pertaining to the administrative code and the City's reliance on property owners' compliance constituted reversible error, necessitating a new trial.

NegligenceSlip and FallIcy SidewalkSnow RemovalMunicipal LiabilityAdministrative CodeProperty Owner DutyEvidence ExclusionReversible ErrorNew Trial
References
9
Case No. 13-CV-7588 (RWS)
Regular Panel Decision
Apr 09, 2014

New York State Court Clerks Ass'n v. Unified Court System

The New York State Court Clerks Association and Monica Shaw Burns filed a lawsuit against several New York State Judges, the Unified Court System (UCS), and the Office of Court Administration (OCA), alleging violations of the Fair Labor Standards Act (FLSA) due to uncompensated overtime work. The defendants moved to dismiss the amended complaint, citing Eleventh Amendment sovereign immunity. The court granted the motions, ruling that the Eleventh Amendment bars claims against UCS, OCA, and the State Judges in their official capacities, as Congress did not abrogate state sovereign immunity under the FLSA. The court also found that plaintiffs failed to adequately allege that the State Judges were 'employers' under the FLSA's 'economic reality' test, and that employees cannot seek injunctive relief under FLSA. Consequently, the amended complaint was dismissed with prejudice.

Overtime WagesFair Labor Standards ActEleventh Amendment ImmunitySovereign ImmunityDeclaratory Judgment ActMotion to DismissSubject Matter JurisdictionState Judicial OfficialsOfficial Capacity SuitEconomic Reality Test
References
63
Case No. MISSING
Regular Panel Decision

Council of City v. Department of Homeless Services

The New York City Department of Homeless Services (DHS) implemented a new Eligibility Procedure for Temporary Housing Assistance (THA) applicants. The Council of the City of New York (City Council) filed a declaratory judgment action, asserting DHS failed to comply with the notice and hearing requirements of the New York City Administrative Procedure Act (CAPA). The court affirmed lower court rulings, determining that DHS's procedure constitutes a 'rule' under CAPA, requiring public notice and hearings. The court rejected DHS's arguments that the procedure involved sufficient discretion or fell under an exemption, emphasizing the mandatory nature of the procedure and its substantial impact on eligibility determinations. Consequently, the Eligibility Procedure is unenforceable until DHS adheres to CAPA's procedural mandates.

Administrative LawRulemakingDeclaratory JudgmentHomeless ServicesTemporary Housing AssistanceNew York City CharterCAPASAPAAgency DiscretionProcedural Requirements
References
14
Case No. MISSING
Regular Panel Decision

Davis v. Perales

This class action challenges the New York City and State Departments of Social Services for failing to provide adequate notice and timely preinvestigation grants to applicants in immediate need of public assistance. Petitioners Alfreida Davis and Bobby Jarrell experienced significant delays and a lack of information regarding available emergency aid. The court found that the respondents failed to meet their constitutional and statutory obligations under Article XVII of the NY Constitution and Social Services Law § 133 by not providing immediate assistance from the date of application and not adequately informing applicants of their rights. The court also invalidated portions of administrative directive 86 ADM-7, ruling that requiring recourse to private resources before granting public assistance improperly derogates governmental responsibility. The court ordered respondents to provide retroactive benefits, issue proper written notice of preinvestigation grants, and amend administrative directive 86 ADM-7 to comply with the decision.

Public AssistanceHomelessnessHungerConstitutional RightsStatutory ObligationsPreinvestigation GrantsEmergency AssistanceAid to Dependent ChildrenHome ReliefClass Action Certification
References
10
Case No. MISSING
Regular Panel Decision

Caprio v. New York State Department of Taxation & Finance

Plaintiffs Philip and Phyllis Caprio challenged certain provisions of the New York Tax Law, specifically the retroactive application of a 2010 amendment to section 632 (a) (2), arguing it violated their due process rights by retroactively imposing taxes on installment transactions related to the sale of their S corporation stock in 2007 and 2008. Defendants, including the New York State Department of Taxation and Finance, moved for summary judgment to dismiss the complaint, asserting the amendment was a curative and clarifying measure reflecting long-standing tax policy, not a new tax. Plaintiffs cross-moved for summary judgment. The court determined that the amendment did not create a "wholly new tax" but was a rational legislative effort to clarify existing law and correct erroneous administrative determinations. The court found plaintiffs could not have reasonably relied on prior administrative rulings from 2009 since their transaction occurred in 2007. Consequently, the court granted defendants' motion for summary judgment, dismissing the complaint, and denied plaintiffs' cross-motion for summary judgment and attorneys' fees.

Retroactive TaxationDue Process ChallengeNew York Tax LawS Corporation IncomeInstallment Method TaxationNonresident ShareholdersSummary Judgment MotionConstitutional LawTax Appeals TribunalLegislative Clarification
References
37
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