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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

Village of Westbury v. Department of Transportation

The Village of Westbury initiated a CPLR article 78 proceeding against the Department of Transportation (DOT) for alleged violations of the State Environmental Quality Review Act (SEQRA). The Village sought to annul a negative declaration issued by DOT for the reconstruction of an interchange and a proposed widening of the Northern State Parkway, arguing that the projects' cumulative environmental effects required an Environmental Impact Statement (EIS). The Supreme Court dismissed the petition, but the Appellate Division reversed, annulling the negative declaration and remitting the case to DOT. The Court of Appeals affirmed the Appellate Division's order, concluding that DOT erred by not considering the combined environmental effects of the interchange reconstruction and the parkway widening, as these were interdependent projects under SEQRA regulations. The Court also held that DOT must apply the more protective Department of Environmental Conservation (DEC) regulations and that the Village's proceeding was timely because DOT failed to provide proper notice of the negative declaration.

Environmental LawSEQRACPLR Article 78Negative DeclarationEnvironmental Impact StatementProject SegmentationCumulative ImpactsNotice RequirementsStatute of LimitationsHighway Construction
References
7
Case No. ADJ4698250 (VNO 0548180); ADJ4211582 (VNO 0515892); ADJ4128894 (VNO 0447635); ADJ2306485 (VNO 0478103); ADJ2205033 (VNO 0451108); ADJ1950745 (VNO 0478101); ADJ1901291 (VNO 0478102); ADJ7914357
Regular
Oct 08, 2025

Robert Brown vs. California Department of Transportation, State Compensation Insurance Fund

The applicant, Robert Brown, sustained various injuries while working for the California Department of Transportation. The Workers' Compensation Appeals Board granted reconsideration after the defendant, California Department of Transportation, challenged a prior decision that found the applicant permanently totally disabled. During reconsideration, the parties settled the case with a Compromise and Release. Consequently, the Appeals Board rescinded the earlier findings and orders and returned the matter to the trial level for the WCJ to review and approve the settlement agreement.

Workers' Compensation Appeals BoardCalifornia Department of TransportationLegally UninsuredState Compensation Insurance FundJoint Findings Award and OrdersWorkers' Compensation Administrative Law Judgepermanent total disabilityCompromise and Releaserescindedreturned to trial level
References
0
Case No. MISSING
Regular Panel Decision

Friends of Square v. Sadik-Khan

The petitioners initiated an Article 78 proceeding challenging the decision by the New York City Department of Transportation, New York City Department of Parks and Recreation, and the City of New York to install a bike share station in Lieutenant Joseph Petrosino Square Park. They contended that the installation violated the public trust doctrine and that the decision was arbitrary and capricious. The court determined that while the park is impliedly dedicated parkland, the bike share station serves a proper park purpose. Furthermore, the court found that the respondents' decision to site the station was rational, based on technical considerations and public input, and was not arbitrary or capricious. Consequently, the petition was denied and dismissed in its entirety.

Public Trust DoctrineParkland UseBike Share StationsArticle 78 PetitionAdministrative ReviewMunicipal PlanningUrban DevelopmentNew York LawEnvironmental PolicyCommunity Engagement
References
15
Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
51
Case No. 15918/93, 19316/93
Regular Panel Decision

Stein v. Yonkers Contracting, Inc.

This case involves two personal injury actions brought by Ronald Stein, an employee of Rice Mohawk, against Yonkers Contracting, Inc. and the New York City Department of Transportation. Yonkers Contracting, as a third-party plaintiff, appealed parts of two Supreme Court orders: one denying its motion for summary judgment on a third-party complaint for indemnity and contribution, and another precluding its counsel from trial. The appeals by the New York City Department of Transportation were dismissed. The Appellate Division modified the order regarding common-law and contractual indemnification and contribution, applying the antisubrogation rule to dismiss claims only to the extent of payments made by Admiral Insurance Co. It also reversed the order precluding Yonkers' counsel from participating in the trial, citing an error of law.

Personal InjurySummary JudgmentThird-Party ActionCommon-Law IndemnificationContractual IndemnificationContributionAntisubrogation RuleAdditional InsuredCounsel PreclusionWorkers' Compensation Law
References
10
Case No. MISSING
Regular Panel Decision

Moss v. Department of Civil Service

The petitioner, a Senior Youth Parole Worker, initiated an Article 78 proceeding challenging the State Department of Civil Service's requirement of a Master's degree for the Youth Parole Supervisor promotion examination. His application was denied due to the lack of this degree, despite his advanced graduate study and prior assurances of eligibility based on earlier prerequisites. The court affirmed the Civil Service Department's broad discretion in establishing minimum qualifications for competitive examinations. It ruled that earlier prerequisites or unauthorized assurances do not confer a vested right to bypass current requirements, which are subject to the exclusive jurisdiction of the State Department of Civil Service. Consequently, the application was denied, and the petition dismissed.

Civil Service LawPromotion ExaminationEducational RequirementsMaster's DegreeYouth Parole SupervisorDiscretionVested RightsArticle 78 ProceedingState EmployeesCivil Service Commission
References
6
Case No. MISSING
Regular Panel Decision

Council of School Supervisors & Administrators, Local 1 v. New York City Department of Education

The Council of School Supervisors and Administrators (CSA) challenged the City's plan to reduce parking permits for school employees, arguing it violated their collective bargaining agreement. An arbitrator initially sided with CSA, directing the reinstatement of permits. However, the Supreme Court's decision to confirm this award was deemed erroneous by the appellate court. The appellate court found the arbitration award violated public policy, was irrational, and exceeded the arbitrator's authority because the power to issue on-street parking permits lies exclusively with the City's Department of Transportation (DOT), not the Department of Education (DOE). The court emphasized that the award essentially transferred DOT's regulatory authority to DOE and undermined the city's objectives to reduce congestion and pollution. Consequently, the arbitration award was vacated.

Labor disputeParking permitsCollective bargaining agreementArbitration awardPublic policy violationAdministrative lawMunicipal authorityTraffic regulationDepartment of TransportationDepartment of Education
References
4
Case No. MISSING
Regular Panel Decision

Decker v. CSX Transportation, Inc.

Plaintiffs, including the United Transportation Union and Local 377, initiated an action in state court against CSX Transport, Inc. (CSXT), alleging violations of the Railway Labor Act's status quo provisions related to CSXT's planned sale of a rail line. CSXT moved for dismissal, contending that the plaintiffs' notice was barred by a national agreement moratorium, Local 377 lacked standing, the carrier held a unilateral right to sell lines, and the Interstate Commerce Commission (ICC) preempted RLA Section 6. Conversely, plaintiffs asserted that the National Mediation Board had docketed their dispute as major, the sale was a tactic to circumvent RLA provisions, and the moratorium did not apply to them due to local bargaining representation. The court, drawing parallels with Railway Labor Executives’ Association v. Staten Island Railroad Corp., determined that the ICC's authorization of the sale brought the matter under its exclusive jurisdiction. Consequently, the court found itself unable to provide a remedy without interfering with the ICC's order and granted CSXT's motion to dismiss for failure to state a claim.

Railway Labor ActStatus Quo ProvisionsMotion to DismissRail Line SaleInterstate Commerce CommissionPreemptionCollective BargainingLabor DisputeInjunctive ReliefJurisdiction
References
10
Case No. MISSING
Regular Panel Decision

Claim of Stenson v. New York State Department of Transportation

This case involves an appeal from a Workers' Compensation Board decision concerning a claimant's entitlement to reimbursement for certain expenses after a third-party settlement. Claimant received $50,000 from a third-party action for work-related injuries, with the employer's workers' compensation carrier consenting to the settlement and accepting a reduced lien satisfaction. The carrier ceased benefits to offset the net recovery, but a dispute arose over its contribution to litigation costs beyond the lien satisfaction for the ongoing offset benefit. A prior decision by the Appellate Division (84 AD3d 22) ruled the carrier was obligated to contribute and remitted the case. Upon remittal, the Board directed the carrier to reimburse the claimant $6,611.11 for litigation costs and approximately $2,800 in deficiency compensation due to an improperly extended holiday period. The employer and carrier appealed this Board decision, which the Appellate Division affirmed, finding the Board's determination on equitable apportionment and the carrier's failure to explicitly waive its offset liability supported by substantial evidence.

Third-Party ActionSettlement OffsetLitigation CostsEquitable ApportionmentCarrier LienHoliday Period CalculationDeficiency CompensationAppellate ReviewRemittal OrderConsent to Settlement Agreement
References
4
Case No. 22 Misc 3d 1117(A)
Regular Panel Decision
Feb 19, 2009

DeMartino v. New York City Department of Transportation

The Supreme Court, New York County, affirmed an arbitration award. Respondents were deemed to have waived claims regarding conditions precedent to arbitration and the arbitrator's jurisdiction by participating in the arbitration without seeking a stay. The court found the arbitrator's rejection of respondents' collateral estoppel argument and their interpretation of 1998 proceedings as informal discipline under Executive Order No. 16 to be rational. The court also held that the arbitrator did not exceed her authority in interpreting and applying rules or regulations, including ordering reinstatement and participation in a substance abuse program for an employee. Finally, the arbitrator's reinstatement order did not violate public policy, given the narrow scope of this exception, especially in public employment collective bargaining agreements.

Arbitration AwardAward ConfirmationWaiver of ClaimsArbitrator JurisdictionCollateral EstoppelInformal DisciplineExecutive Order No. 16Executive Order No. 83Contract InterpretationArbitrator Powers
References
4
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