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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
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
Case No. MISSING
Regular Panel Decision
Aug 10, 2008

Perrin v. Bayville Village Board

This case involves a CPLR article 78 proceeding brought by neighboring property owners (petitioners) to challenge two determinations made by the Village Board of the Village of Bayville. The determinations authorized the Mayor to enter a license agreement with Nassau County for the installation of microwave dish and omnidirectional antennae on village property and issued a negative declaration under SEQRA. The Supreme Court dismissed the proceeding. On appeal, the higher court converted the challenge to the license agreement into an action for a declaratory judgment. It ultimately declared that the installation of the antennae would not violate a restrictive covenant on the property, modifying the Supreme Court's order and judgment. The dismissal of the petitioners' challenge to the SEQRA negative declaration was affirmed, finding that the Village Board took a 'hard look' at environmental concerns.

Restrictive CovenantZoningEnvironmental Quality Review ActSEQRADeclaratory JudgmentAppellate ReviewTelecommunications EquipmentRadio Frequency RadiationProperty LawLand Use
References
18
Case No. ADJ7166891
Regular
Oct 31, 2013

NORMA MENDEZ MUNOZ vs. APPLIED POLYTECH SYSTEMS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a WCJ's order dismissing a lien claim. The dismissal was based on the lien claimant's failure to pay a lien activation fee for a conference that was improperly added to the calendar. The WCAB found the conference was not properly set under Court Administrator Rule 10250 because no Declaration of Readiness to Proceed had been filed for that specific case, and the defendant's request for consolidation lacked necessary declarations. Therefore, the WCAB vacated the dismissal and ordered the matter off calendar, requiring a proper Declaration of Readiness to be filed to set the lien conference.

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request
References
2
Case No. ADJ7106767
Regular
Dec 16, 2013

JORGE IBARRA vs. BEVERLY WILSHIRE HOTEL, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Applicant Ibarra's Petition for Removal regarding the order to take the case off calendar. The Board found Applicant failed to show significant prejudice from delaying trial to clarify if the primary treating physician possessed specific treadmill test results. Furthermore, the Board noted Applicant filed declarations of readiness to proceed while discovery, specifically a vocational expert report, remained incomplete, indicating the case was not trial-ready. The matter was returned to the WCJ to consider sanctions against Applicant's counsel for prematurely filing declarations of readiness.

Petition for RemovalOff CalendarMandatory Settlement ConferenceIndustrial InjuryCumulative PeriodPrimary Treating PhysicianVocational Expert ReportUncompleted DiscoveryQualified Medical EvaluatorSanctions Proceedings
References
2
Case No. MISSING
Regular Panel Decision

In re Female D.

This case involves an appeal by prospective adoptive parents from an order of the Surrogate’s Court, Nassau County, dated February 4, 1981. The original order had declared a section of the Domestic Relations Law unconstitutional as applied to the natural father, requiring his consent to adoption, vacated the natural mother's consent due to duress, and dismissed the adoption proceeding. The appellate court modified this order, denying the application to vacate the natural mother's consent and declaring the Domestic Relations Law constitutional. The court found overwhelming evidence that the natural mother's consent was freely given, despite her claims of coercion and duress. It also upheld the constitutionality of Domestic Relations Law § 111 (subd 1, par [e]), which sets criteria for requiring an unwed father's preadoption consent, finding it promotes the adoption of illegitimate newborns into stable families. The proceeding was remitted for further action consistent with the appellate decision.

Adoption LawParental RightsUnwed Fathers' RightsConsent to AdoptionDuressCoercionConstitutional LawDomestic Relations LawSurrogate's CourtAppellate Review
References
5
Case No. ADJ9155937
Regular
Dec 16, 2016

SYLVIA MC GILVARY vs. SAN DIEGUITO PRINTERS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for removal. The defendant argued that the case should have proceeded to trial, not a priority conference, because the applicant did not object to the declaration of readiness. The Board rescinded the WCJ's order, returning the matter for a mandatory settlement conference. This will allow the applicant's attorney to present evidence regarding the objection to the declaration of readiness.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferencePriority ConferenceDeclaration of Readiness to ProceedWCJApplicantDefendantEAMS ADJ file
References
0
Case No. MISSING
Regular Panel Decision
Jun 16, 1992

Farrington Close Condominium Board of Managers v. Incorporated Village of Southampton

This case involves a CPLR article 78 proceeding challenging the Board of Trustees of the Incorporated Village of Southampton's "negative declaration" regarding a proposed park development. The petitioners, boards of managers of adjacent condominiums, contended that the Board violated the State Environmental Quality Review Act (SEQRA) by not requiring an Environmental Impact Statement (EIS) for the 17-acre park project. The court found that the park constituted a Type I action, and the Board's negative declaration was insufficient as it lacked a "reasoned elaboration" and failed to demonstrate a "hard look" at potential significant environmental effects. Furthermore, the Board conducted an improper "segmented review" by only considering the initial phase of the park's development instead of the comprehensive long-range plan. Consequently, the judgment dismissing the proceeding was reversed, the petition was granted, and the Board's determination was annulled.

Environmental LawSEQRANegative DeclarationEnvironmental Impact StatementType I ActionSegmented ReviewLand DevelopmentPark ProjectSuffolk CountyCondominiums
References
12
Case No. ADJ4609386 (AHM 0124161)
Regular
Jun 29, 2011

FRANCISCO CERVANTES vs. STAFFMARK INVESTMENTS, AIG CLAIM SERVICES, INC., as administered by CHARTIS CLAIMS, INC.

This case involves a defendant's Petition for Removal challenging a WCJ's order to proceed to trial. The defendant argued the matter was not ready due to insufficient medical evidence, but failed to object to the applicant's declaration of readiness to proceed. Furthermore, the defendant did not demonstrate efforts to supplement the existing medical reports. The Appeals Board denied removal, finding the defendant failed to show substantial prejudice or irreparable harm, and that further medical record development is possible post-submission.

Petition for RemovalWorkers' Compensation Appeals BoardIndustrial InjuryMandatory Settlement ConferenceDeclaration of ReadinessPrimary Treating PhysicianMedical EvidenceWCJ OrderSubstantial PrejudiceIrreparable Harm
References
3
Case No. MISSING
Regular Panel Decision

Watch Hill Homeowners Ass'n v. Town Board

The Town Board of the Town of Greenburgh proposed constructing a 1,000,000-gallon water tank and, acting as lead agency under SEQRA, designated it a "Type I" action. Despite identifying "potential large impacts" on the environment, the Board issued a negative declaration of environmental significance. Petitioners initiated a CPLR article 78 proceeding, challenging the issuance of the negative declaration as arbitrary and capricious. The court found that the Town Board failed to provide a "reasoned elaboration" for its determination, especially regarding the project's aesthetic impacts, which it deemed insufficient to justify a negative declaration. Consequently, the court annulled the Town Board's determination, granted the petition, and declared Resolution No. 93-46 and all subsequent construction authorizations invalid.

Environmental ReviewSEQRANegative DeclarationCPLR Article 78Water Storage TankTown BoardGreenburghAesthetic ImpactEnvironmental AssessmentType I Action
References
11
Case No. ADJ2800291 (LAO 0746233)
Regular
Jan 17, 2014

JORGE FLORAN GARCIA vs. S & S FASHION, INC., STATE COMPENSATION INSURANCE FUND

In *Garcia v. S & S Fashion, Inc.*, the applicant sought reconsideration of an order dismissing his workers' compensation case for lack of prosecution. The administrative law judge (WCJ) initially issued a notice of intention to dismiss after the applicant's claim had been inactive. However, the applicant subsequently filed a declaration of readiness to proceed and the matter was taken off calendar by joint agreement. The WCAB granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings, agreeing that dismissal was inappropriate if the applicant was ready to prosecute.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intention to DismissIndustrial InjuryFabric CutterNeck InjuryShoulder InjuryArm Injury
References
0
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