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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

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. 81 Civ. 3958 (KTD)
Regular Panel Decision
Sep 16, 1982

In Re Pension Plan for Emp. of Broadway Maint.

This case involves a dispute between the Pension Benefit Guaranty Corporation (PBGC) and the bankrupt Broadway Maintenance Corporation over the termination date of Broadway's employee pension plan. The PBGC initiated the lawsuit to be appointed statutory trustee, declare the plan terminated, and sought a termination date of March 26, 1981, while Broadway argued for a retroactive date prior to December 31, 1979. Judge Kevin Thomas Duffy acknowledged the appointment of the PBGC as trustee and the plan's termination, with the sole issue being the precise termination date. After considering the interests of the participants, the PBGC, and Broadway, and applying legal precedent, the court ultimately set December 5, 1980, as the earliest valid termination date. This date was chosen because it marked when the PBGC filed its original Proofs of Claim, signaling its clear intent to terminate the plan.

ERISAPension Plan TerminationEmployee BenefitsBankruptcyPBGCStatutory TrusteeRetroactive Termination DateJudicial TerminationParticipant InterestsFinancial Distress
References
3
Case No. MISSING
Regular Panel Decision

Pension Benefit Guaranty Corp. v. Broadway Maintenance Corp.

This case involves the Pension Benefit Guaranty Corporation (PBGC) and the bankrupt Broadway Maintenance Corporation (Broadway) disputing the termination date of Broadway's non-union employee pension plan. PBGC initiated the lawsuit to become the statutory trustee and sought to establish March 26, 1981, as the termination date. Broadway argued for an earlier, retroactive date. The court, guided by ERISA and the interests of the plan participants, rejected both parties' proposed dates. The judge formulated a test for involuntary terminations and ultimately established December 5, 1980, as the official termination date, citing the date PBGC first formalized its intent to terminate the plan.

ERISAPension Plan TerminationEmployee Retirement Income Security ActInvoluntary TerminationTermination Date DisputeBankruptcyPlan Participants' InterestsStatutory TrusteeFiduciary DutyPension Benefit Guaranty Corporation
References
2
Case No. ADJ10268949
Regular
Nov 23, 2016

ELOY DELA TORRE FERNANDEZ vs. MERCHANT'S LANDSCAPE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's claim due to a post-termination filing defense. The applicant claimed exceptions to this defense, arguing he received pre-termination treatment and that his date of injury, under Labor Code § 5412, occurred after his termination. The WCAB found insufficient evidence to decide the pre-termination treatment exception and remanded the case to clarify the applicant's date of injury under § 5412, as this date's post-termination status would be an exception to the defense. The prior order was rescinded and the case returned for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code Section 3600(a)(10)Post-termination DefenseCumulative InjuryDate of InjurySection 5412Compensable DisabilityTrier of Fact
References
3
Case No. MISSING
Regular Panel Decision

Capone v. Patchogue-Medford Union Free School District

The petitioner, an employee of Patchogue-Medford Union Free School District (UFSD), was terminated after two adult students reported sexually explicit conversations and offers of sexual acts from him. The UFSD charged the petitioner with 18 specifications of misconduct under Civil Service Law §75. Following a hearing where 17 charges were sustained, the hearing officer recommended termination, which the UFSD adopted. The petitioner initiated an article 78 proceeding, arguing insufficient notice, lack of substantial evidence, and an excessively severe penalty. The court confirmed the determination, finding the charges adequate, supported by substantial evidence from student testimonies, and that termination was not disproportionate given precedent, despite the petitioner's previously unblemished 19-year record.

Employment terminationSexual misconductAdministrative reviewCivil Service LawSufficiency of evidencePenalty proportionalityArticle 78Due processHearing officer findingsPublic education employee
References
6
Case No. MISSING
Regular Panel Decision

Pension Benefit Guaranty Corp. v. Pension Committee of Pan American World Airways, Inc.

The Pension Benefit Guaranty Corporation (PBGC) petitioned the court to terminate underfunded retirement benefit plans associated with Pan American World Airways, citing an unreasonable increase in potential long-run liability as per 29 U.S.C. § 1342(c). The Pension Committee of Pan American World Airways and several unions intervened, opposing both the termination and the proposed July 24, 1991 termination date. The court reviewed PBGC's termination decision under the Administrative Procedure Act's 'arbitrary and capricious' standard, ultimately finding it justified by substantial evidence of the plans' underfunding and the company's inability to meet its contribution obligations. The court dismissed arguments regarding internal PBGC guidelines, stating they do not have the force of law and were, in any event, adhered to due to 'extraordinary circumstances'. For the termination date, the court applied the Broadway Maintenance test, requiring 'constructive notice' sufficient to extinguish beneficiary reliance, and determined July 31, 1991, as the appropriate date, based on widespread public awareness of PBGC's petition by that time. The court therefore granted the petition for termination.

Pension plan terminationPBGCERISAUnderfunded plansTermination dateConstructive noticeAdministrative Procedure ActArbitrary and capricious standardDistrict CourtPan American World Airways
References
8
Case No. MISSING
Regular Panel Decision
Aug 20, 1990

In re Shaquanna C. Forestdale, Inc.

The natural mother appealed two orders from the Family Court, Kings County, dated August 20, 1990, which terminated her parental rights and committed her children to Forestdale, Inc., and the Commissioner of Social Services of the City of New York. The appeal also reviewed a December 21, 1989, fact-finding order that found the mother permanently neglected her children by failing to plan for their futures. The court affirmed the orders, finding that the petitioning agency, Forestdale, Inc., made diligent efforts to strengthen the parent-child relationships, including providing visitation, sign-language interpreters, and counseling for the hearing-impaired mother. Expert testimony from the children’s psychotherapists indicated that terminating parental rights was in the children's best interests, as mere contact with the mother would be detrimental to the children's progress in foster care.

Parental Rights TerminationChild NeglectFamily CourtDiligent EffortsBest Interests of ChildrenFoster CareHearing Impaired ParentSocial Services LawPermanent NeglectAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Roman v. New York City Police Department

The petitioner's employment was terminated by the New York City Police Department due to unexcused absence, intoxication, and possession of cocaine. Despite promising to report to duty, the petitioner never appeared. Police, entering her apartment under emergency circumstances, found her unconscious and intoxicated, with cocaine residue visible. Subsequent urine tests were positive for cocaine. The court confirmed the respondent's determination, denied the petitioner's request, and dismissed the CPLR article 78 proceeding, citing substantial evidence to support the termination.

employment terminationpolice misconductCPLR Article 78emergency doctrinewarrantless entrydrug possessionpublic employee disciplinesubstantial evidenceadministrative law
References
2
Case No. MISSING
Regular Panel Decision
May 18, 2001

McAteer v. McAteer

This case involves cross appeals from a Supreme Court judgment concerning equitable distribution of marital property and maintenance following a divorce. The parties were married in 1974 and separated in 1989. The Supreme Court initially awarded the plaintiff $400 per month in lifetime maintenance, later amending it to terminate upon the defendant collecting Social Security. The Court also applied the Majauskas formula for pension distribution, using the 1992 unsuccessful divorce action as the terminal date. The Appellate Court modified the judgment, setting the maintenance commencement date and the pension calculation's terminal date to November 15, 1999 (the start of the successful divorce action). The matter was remitted to the Supreme Court for redetermination of these interdependent issues.

Equitable DistributionMaintenance AwardMarital PropertyPension DistributionDivorce ProceedingsRetroactive PaymentsSocial Security EntitlementsAppellate ProcedureFamily Law IssuesJudicial Discretion
References
8
Case No. MISSING
Regular Panel Decision

Carnibucci v. New York State Executive Department Division for Youth

Petitioner, a Youth Division Aide IV, was terminated on August 10, 1991, under Civil Service Law § 71 due to alleged cumulative absences exceeding one year from a work-related back injury. Petitioner challenged the termination in a CPLR article 78 proceeding, asserting a second back injury was unrelated to the first. The Workers’ Compensation Board subsequently ruled on May 27, 1992, that the second injury was indeed unrelated, leading to petitioner's reinstatement on October 18, 1992. The Supreme Court initially awarded back pay only until the Board's determination date. However, the appellate court modified this judgment, directing that back pay should be awarded from the date of wrongful termination, August 10, 1991, until the date of actual reinstatement, October 18, 1992.

Public EmploymentWrongful TerminationBack PayReinstatementCivil Service LawWorkers' CompensationAppellate DivisionArticle 78 ProceedingDisability BenefitsState Employee
References
3
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