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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

Hobbs v. Lavine

Petitioner's home relief assistance was discontinued by the New York City Department of Social Services based on a finding that she was fully employed. This determination was affirmed by the respondent after a hearing. The court found that the respondent's determination was not supported by substantial evidence, as the city agency's evidence consisted only of two vague case-record entries. Consequently, the application was granted, and the determination was annulled, with petitioner's assistance directed to be reinstated retroactively.

Home ReliefPublic AssistanceSocial ServicesEmployment StatusSubstantial EvidenceArticle 78 CPLRAdministrative ReviewRetroactive BenefitsDiscontinuation of Benefits
References
2
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision
Jan 26, 1982

Hodge v. D'Elia

This case involves a proceeding under CPLR article 78 to review a determination by the State Commissioner of Social Services. The determination affirmed a local agency's decision to reduce the petitioner's public assistance grant. This reduction was for the recoupment of income tax refunds and workers' compensation benefits received by the petitioner. Although the court agreed that the petitioner willfully withheld information, it found that the respondents failed to evaluate if the recoupment rate would cause undue hardship. Consequently, the court annulled the determination and remitted the matter for further proceedings to assess undue hardship.

Public AssistanceRecoupmentIncome Tax RefundsWorkers' Compensation BenefitsUndue HardshipCPLR Article 78Administrative ReviewFair HearingAnnulmentRemittal
References
1
Case No. MISSING
Regular Panel Decision

Wilson v. Selsky

The petitioner, a prison inmate, initiated a CPLR article 78 proceeding to challenge three separate determinations that found him guilty of violating prison disciplinary rules during his participation in a work release program. The first determination involved taking unapproved cash loans from a co-worker, supported by bank records and parole officer testimony, despite the petitioner's denials. The second determination concerned altering his work schedule without parole officer approval, substantiated by time sheets and employer testimony. The third determination accused him of unauthorized driving, which was supported by witness testimony. The court confirmed all determinations and dismissed the petition, finding them supported by substantial evidence and rejecting the petitioner's claims of procedural errors, prejudice, and bias.

prison disciplinary ruleswork release programunapproved loansaltered work scheduleunauthorized drivingsubstantial evidencehearsay evidencecredibilityprocedural errorsdue process
References
2
Case No. MISSING
Regular Panel Decision

Connelly v. Griffin

The court confirmed the disciplinary determination against the petitioner. The determination of guilt was based on the recreation worker's testimony regarding threatening statements made by the petitioner in the gym, which the worker perceived as directed at him due to a prior disagreement. The petitioner's and inmate witnesses' contrary testimony created a credibility issue for the Hearing Officer. Furthermore, the court rejected the petitioner's claim of res judicata, clarifying that a previous disciplinary determination, arising from a guilty plea for abusive statements made to the recreation worker on a different day, was a separate incident and thus had no preclusive effect on the current disciplinary action. The petition was ultimately dismissed.

inmate disciplinedisciplinary hearingthreatening statementscredibility issueres judicatacorrectional facilitiesadministrative determinationappellate reviewevidence
References
6
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. MISSING
Regular Panel Decision

Black & Decker (U.S.), Inc. v. New York State Department of Labor Industrial Board of Appeals

The petitioner challenged the Board's determination to award 1987 vacation benefits to former employees terminated in late 1986, arguing against the application of the Allentown, Pennsylvania plant's vacation policy and its interpretation. The court found ample evidence to support applying the Allentown policy, but annulled the Board's determination in part due to an erroneous interpretation of the policy's eligibility requirement for continuous service as of December 31. Specifically, the Board's award of 1987 vacation benefits to workers terminated prior to December 31, 1986, was annulled, while the petitioner conceded its obligation for two workers terminated on December 31. The determination was unanimously modified and confirmed in part, and annulled in part.

Vacation BenefitsEmployee TerminationPolicy InterpretationArticle 78 ProceedingAppellate DivisionEligibilityContinuous ServiceLabor LawNew York
References
0
Case No. MISSING
Regular Panel Decision

IKEA U.S., Inc. v. Industrial Board of Appeals

This case concerns a petitioner who was found to have violated Labor Law § 191 (1) (a) for failing to pay weekly wages to manual workers. The initial determination by the Commissioner of Labor was confirmed by the Industrial Board of Appeals. The Supreme Court, Nassau County, had previously confirmed this determination and dismissed the petition. On appeal, the Appellate Division reviewed the proceeding, treating it as properly transferred. The Appellate Division found substantial evidence to support the determination that the petitioner employed manual workers and violated the Labor Law by using a bi-weekly payroll scheme instead of weekly payments. Consequently, the Appellate Division vacated the Supreme Court's judgment, confirmed the part of the determination finding the Labor Law violation, and dismissed the proceeding on the merits.

CPLR Article 78Labor Law ViolationWage PaymentManual WorkersBi-weekly PayrollSubstantial Evidence ReviewAppellate DivisionVacated JudgmentConfirmed DeterminationDismissed Petition
References
6
Case No. MISSING
Regular Panel Decision

Buffalo Civic Auto Ramps, Inc. v. Serio

This CPLR article 78 proceeding reviewed a determination by the Superintendent of Insurance, dated January 29, 2003, which reclassified parking ramp cashiers of Buffalo Civic Auto Ramps, Inc. (BCAR) from clerical "office employees" (Code 8810) to "automobile parking lot and drivers" (Code 8392) for workers’ compensation purposes. BCAR challenged this reclassification, arguing it was unsupported by substantial evidence and arbitrary and capricious, as their cashiers' duties were comparable to other clerical workers classified under Code 8810. The court found the Superintendent's determination lacked substantial evidence, noting no proof of increased hazard for BCAR cashiers compared to pari-mutuel clerks or bus terminal cashiers. The court also deemed the determination arbitrary and capricious due to inconsistent treatment of similarly situated cashiers. Consequently, the court vacated and annulled the Superintendent's determination and remanded the matter to the New York Compensation Insurance Rating Board for further proceedings.

ReclassificationWorkers' Compensation InsuranceAdministrative LawJudicial ReviewCPLR Article 78Substantial EvidenceArbitrary and CapriciousInsurance LawClerical ClassificationParking Garage Industry
References
5
Case No. MISSING
Regular Panel Decision

Davis v. Lavine

In this Article 78 proceeding, the petitioner sought to vacate the determination of respondents denying her application for payment of certain babysitting expenses. The petitioner, a recipient of public assistance, incurred these expenses to attend her brother's funeral in an emergency situation. She attempted to secure prior approval from the Social Services Office but was unable to reach her caseworker or supervisor. Upon her return, her request for payment was denied on the procedural ground of failing to obtain prior approval. The court found this determination to be arbitrary and capricious given the emergency circumstances and the department's lack of a procedure for such situations. The court vacated the determination and remitted the matter for consideration on the merits.

babysitting expensespublic assistanceemergency servicesprior approvalsocial services regulationsarbitrary and capriciousfair hearingOnondaga Countytemporary absenceprocedural grounds
References
1
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