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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

S.M. v. M.M.-M.

This case involves a matrimonial action between S.M. (plaintiff) and M.M-M. (defendant) concerning pendente lite relief, child support, maintenance, and the equitable distribution of marital assets, specifically the transfer of the husband's business (EA & D) to his daughter. The court granted the wife's request for the husband to continue paying all costs associated with maintaining the marital residence and awarded her $1,290 per month in temporary child support, retroactive to July 30, 2015. However, the court denied the wife's motion to determine if the transfer of EA & D was improper, reserving the issue for trial due to a factual dispute over the husband's intent. The court also denied the request for a forensic evaluation of EA & D and M. Studios, stating it lacked jurisdiction over the transferred business and that M. Studios had no assets to value. The court noted that if the transfer is later found improper, the wife could be awarded a greater share of remaining marital property.

divorce proceedingstemporary maintenancechild support awardmarital property disputebusiness asset transferequitable distribution factorsforensic accounting denialmatrimonial lawNew York Supreme Courtpendente lite relief
References
12
Case No. MISSING
Regular Panel Decision

B.T. v. D.M.

The petitioner, B.T., sought to extend an order of protection against her husband, respondent D.M., and alleged a violation of a previous order. D.M. counter-petitioned for visitation with their child. The court denied B.T.'s violation petition, finding insufficient evidence that D.M. orchestrated his older son's actions. However, B.T.'s request to extend the order of protection was granted for two additional years, citing D.M.'s history of severe domestic violence against B.T. (witnessed by the child) and continued harassment including stalking and threatening phone calls even after the initial order. D.M.'s petition for visitation was denied based on the child's best interests; a forensic evaluator reported the child suffered trauma from witnessing the violence and opposed visitation, noting forcing visits could worsen the child's high anxiety and fearfulness. The court found D.M.'s testimony not credible and supported the forensic evaluator's assessment.

Domestic ViolenceOrder of ProtectionChild VisitationChild CustodyForensic PsychologyChild TraumaParental BehaviorBest Interests of the ChildHarassmentStalking
References
3
Case No. MISSING
Regular Panel Decision
Mar 29, 2016

Padilla v. Sheldon Rabin, M.D., P.C.

Raul Padilla, an ophthalmic technician, filed a collective action against his employer, Sheldon Rabin, M.D., P.C., and its owner, Dr. Sheldon Rabin, seeking retroactive overtime payments under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The central issue was whether Padilla was an 'exempt' salaried professional employee. Both parties moved for summary judgment. The court found that Padilla did not meet the 'salary basis' test required for the FLSA's learned professional exemption, thus granting his motion for summary judgment on the FLSA claim regarding this exemption. However, issues regarding the 'primary duty' test for the NYLL exemption, statute of limitations (willfulness), and liquidated damages were deemed triable issues for a jury.

FLSANYLLOvertime PayExempt EmployeeLearned Professional ExemptionSalary Basis TestPrimary Duty TestSummary JudgmentWillfulnessLiquidated Damages
References
28
Case No. MISSING
Regular Panel Decision
Jul 27, 2018

Popat v. Levy

Plaintiff Saurin Popat, M.D., a doctor of African and Southeast Asian origin, filed a lawsuit alleging race and national origin discrimination, hostile work environment, and retaliation under Title VII, § 1981, § 1983, and the NYSHRL, along with tortious interference claims. The defendants include Elad Levy, M.D., The State University of New York at Buffalo, University at Buffalo School of Medicine and Biomedical Sciences, Kaleida Health, and University at Buffalo Neurosurgery, Inc. The plaintiff alleges Dr. Levy, who held multiple positions across these entities, created a hostile work environment through racially charged comments and retaliated against him by terminating his faculty position after a discrimination complaint. The court addressed motions to dismiss filed by the defendants. It found that UBNS and Kaleida could be considered 'joint employers' or acting 'under color of state law' for Title VII and § 1983 purposes, respectively, and that Dr. Levy could be liable under the NYSHRL as an aider and abettor. However, the University and the Medical School were granted dismissal of all claims due to Eleventh Amendment immunity, and certain tortious interference claims against UBNS and Kaleida were also dismissed due to insufficient pleading of an actual breach or injury.

Employment DiscriminationRace & National Origin DiscriminationHostile Work EnvironmentRetaliationTitle VII ClaimsSection 1981 ClaimsSection 1983 ClaimsNew York State Human Rights Law (NYSHRL)Tortious Interference with ContractTortious Interference with Business Relations
References
146
Case No. 2021 NY Slip Op 04274
Regular Panel Decision
Jul 08, 2021

Matter of J.D. (S.A.--M.A.)

The Appellate Division, First Department, affirmed orders of disposition from the Bronx County Family Court, which found a respondent neglected and abused J.D. and derivatively neglected and abused adoptive children M.A. and E.A. The court based its decision on J.D.'s detailed out-of-court statements, corroborated by an older sibling's testimony and explicit photographs. The Family Court's decision to quash a subpoena for J.D.'s testimony due to potential psychological harm was also upheld. The ruling emphasized the respondent's impaired parental judgment demonstrated by long-term sexual abuse, creating a substantial risk to his children.

child abuseneglectFamily CourtAppellate Divisionparental judgmentout-of-court statementscorroborationsubpoenaPTSDderivative neglect
References
6
Case No. MISSING
Regular Panel Decision

A.D. v. Board of Education of the City School District

Plaintiffs A.D. and M.D., on behalf of their minor child E.D., brought an action under the IDEA to review a State Review Officer's (SRO) decision. The SRO had reversed an Impartial Hearing Officer's (IHO) award of tuition reimbursement for E.D.'s attendance at the private Rebecca School, despite agreeing that the New York City Department of Education (DOE) failed to provide a Free Appropriate Public Education (FAPE). The District Court reversed the SRO's finding that Rebecca School was an inappropriate placement, concluding that the school's individualized program was designed to meet E.D.'s unique needs. Consequently, the Court ordered the DOE to reimburse tuition for July 2007 through June 2008, totaling $62,590, but denied reimbursement for July and August 2008 due to unexhausted administrative remedies. The Court also granted defendants' motion to strike certain evidentiary materials submitted by plaintiffs.

Individuals with Disabilities Education ActIDEAFree Appropriate Public EducationFAPETuition ReimbursementPrivate School PlacementSpecial EducationAutism Spectrum DisorderImpartial Hearing OfficerState Review Officer
References
31
Case No. 2021 NY Slip Op 00245
Regular Panel Decision
Jan 14, 2021

Walsh v. Pisano

Plaintiff Nicole Walsh appealed a judgment by the Supreme Court, New York County, which granted summary judgment and dismissed her medical malpractice action against defendants Jenny Delfin, M.D. and New York University (NYU). The Appellate Division, First Department, unanimously affirmed this judgment. The appellate court concluded that Walsh's medical malpractice claim against Dr. Delfin was barred by the Workers' Compensation Law. This was because Dr. Delfin's services were made available to the plaintiff's decedent, an employee of JPMorgan Chase & Co., at the employer's expense and on its premises. The court further clarified that Dr. Delfin's employment by NYU, acting as an independent contractor for JPMorgan, did not alter the Workers' Compensation Law's applicability, as JPMorgan offered and paid for the services.

Medical MalpracticeSummary JudgmentWorkers' Compensation LawAppellate ReviewIndependent ContractorEmployer PremisesScope of EmploymentAffirmationDismissalMedical Services
References
6
Case No. MISSING
Regular Panel Decision

Rosenblum v. New York State Workers' Compensation Board

Petitioner, Jay Alan Rosenblum, M.D., brought a CPLR article 78 proceeding challenging the Workers’ Compensation Board’s (WCB) interpretation of Workers’ Compensation Law § 137 (3) (a). Dr. Rosenblum, a neurologist certified by the WCB since 1966, was denied authorization to conduct independent medical examinations under new regulations. These regulations mandated that such examinations be conducted by physicians 'board certified' by specialty boards recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA). Dr. Rosenblum, an M.D. without ABMS/AOA certification, argued that the WCB’s narrow definition was improper and that the regulations should have included a grandfathering provision. The court upheld the WCB’s interpretation, finding it neither arbitrary nor capricious, emphasizing judicial deference to agency expertise. Consequently, the court denied the petition to vacate the denial and annul the regulations, and granted the WCB’s motion to dismiss the proceeding.

Workers' Compensation BoardIndependent Medical ExaminationBoard CertificationPhysician LicensingMedical Specialty BoardsABMSAOAAdministrative LawJudicial ReviewStatutory Interpretation
References
8
Case No. MISSING
Regular Panel Decision
Oct 31, 2007

M.M. ex rel. A.M. v. New York City Department of Education Region 9

Parents M.M. and H.M. sought a modified de novo review of administrative decisions concerning their autistic daughter A.M.'s Individualized Education Plan (IEP) for the 2005-2006 school year, provided by the New York City Department of Education (DOE). They alleged procedural and substantive violations of the Individuals with Disabilities Education Act (IDEA), claiming the IEP was inadequate and requesting tuition reimbursement for their unilateral private school placement. The Impartial Hearing Officer and State Review Officer had previously found the DOE's IEP appropriate and denied reimbursement. The District Court affirmed these administrative decisions, concluding that the DOE offered a Free Appropriate Public Education (FAPE) to A.M. and that the IDEA's pendency provision did not entitle the student to continued early intervention services during the dispute. Consequently, the plaintiffs' motion for reversal was denied, and the DOE's cross-motion for summary judgment was granted.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education PlanEarly Intervention ServicesSpecial EducationAutismDue ProcessTuition ReimbursementSummary JudgmentDe Novo Review
References
29
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
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