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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2025 NY Slip Op 06564
Regular Panel Decision
Nov 26, 2025

Matter of Raivyn BB. (Courtney BB.)

This case concerns appeals from Family Court orders adjudicating Raivyn BB. a neglected child due to alleged parental drug use by mother Courtney BB. and father Kip AA. The child tested positive for methamphetamines after birth, prompting neglect petitions. The Appellate Division reversed the neglect findings against both parents. The court found that the evidence did not establish a direct causal link between the mother's methamphetamine use and the child's impairment, noting potential withdrawal symptoms from prescribed Subutex. Furthermore, the father's conduct, including hostility or refusal to sign a birth certificate, was not deemed to constitute neglect, and no evidence showed his knowledge of the mother's drug use. Consequently, the petitions were dismissed.

Neglected ChildParental Drug UseChild ToxicologyMethamphetamineSubutexFamily Court Act Article 10Appellate ReviewCausative ConnectionImpairment of ChildMinimum Degree of Care
References
15
Case No. MISSING
Regular Panel Decision
Jan 02, 1996

Isnardi v. Genovese Drug Stores, Inc.

Thomas Isnardi was injured on September 13, 1993, after falling from a scaffold while performing demolition work on premises owned by Genovese Drug Stores, Inc. He sued Genovese and the general contractor, Robbins & Cowan, Inc., alleging a violation of Labor Law § 240 (1) for failure to provide adequate scaffolding. Robbins & Cowan, Inc. then filed a third-party action against Joe Demasco, Isnardi's employer. The Supreme Court granted Isnardi summary judgment on liability. However, the appellate court reversed this decision, denying the plaintiff's motion, as there was a factual dispute regarding whether Isnardi was a recalcitrant worker who refused to use a provided safe "pipe" scaffold, opting instead for an allegedly less stable "Baker" scaffold.

Personal InjuryScaffold FallDemolition WorkRecalcitrant Worker DefenseSummary JudgmentLabor LawConstruction AccidentThird-Party ActionIndemnificationAppellate Reversal
References
4
Case No. MISSING
Regular Panel Decision

Barker v. Peconic Landing at Southold, Inc.

Plaintiff Chris J. Barker sued his employer, Peconic Landing at Southold, Inc., and three individual employees, alleging employment discrimination and retaliation under federal and New York State law. Plaintiff, who suffers from hearing loss and a rotator cuff injury, claims he was discriminated against based on his disabilities and retaliated against for reporting alleged misconduct, including drug use and theft, at the facility. Defendants moved to dismiss the complaint, arguing that Plaintiff failed to state a claim under the New York whistleblower statute (Section 740) and that initiating a Section 740 claim waives other state and federal discrimination claims. The court denied the motion, finding that the whistleblower claim did not waive the discrimination claims and that the allegations regarding drug use and theft were sufficient at this stage to state a plausible claim under Section 740.

Employment DiscriminationRetaliationDisability DiscriminationWhistleblower ProtectionAmericans with Disabilities ActNew York Human Rights LawNew York Labor LawMotion to DismissPlausibility StandardPublic Health and Safety
References
23
Case No. MISSING
Regular Panel Decision

In re Justin J.

Petitioner initiated neglect proceedings under Family Ct Act article 10 against respondent Arnold J. and his wife, alleging inadequate supervision, failure to administer prescribed medication, excessive corporal punishment, and drug abuse in the presence of their six children. The children were subsequently removed from the home. The Family Court of Clinton County found respondent and his wife committed acts constituting neglect and violated preliminary orders. Respondent appealed both findings. The appellate court noted that the appeal concerning the violation of preliminary orders had been previously resolved. Focusing on the neglect finding, the court found ample evidence to support the Family Court's determination, including respondent's admissions to inadequate supervision, using excessive corporal punishment, and smoking marihuana while caring for the children. Further testimony from a friend, a physician, and a caseworker corroborated the neglect allegations, detailing drug use, suspected medication sales, and respondent's erratic behavior endangering the children. Consequently, the appellate court affirmed the order finding neglect and dismissed the appeal from the order finding respondent in violation of prior orders.

Child NeglectFamily CourtParental RightsSubstance AbuseCorporal PunishmentInadequate SupervisionAppellate ReviewEvidenceCredibilityDomestic Violence
References
7
Case No. MISSING
Regular Panel Decision

Skinner v. City of Amsterdam

Plaintiff Rick E. Skinner, a former employee of the City of Amsterdam, filed an employment discrimination action alleging violations of the Americans with Disabilities Act (ADA). He claimed a hostile work environment, retaliation for filing a complaint with the DOT, adverse employment action, improper drug tests, and improper disclosure of confidential information. The defendant, City of Amsterdam, filed a motion for summary judgment. The court granted the defendant's motion, dismissing the plaintiff's complaint in its entirety. The court found that the plaintiff was not disabled under the ADA as he continued illegal drug use, the alleged harassment was not severe enough, and his retaliation claims lacked a causal connection or protected activity. The drug testing and disclosure claims were also dismissed as permissible under the ADA given the context of former substance abuse.

Employment DiscriminationAmericans with Disabilities ActADASummary JudgmentHostile Work EnvironmentRetaliationDrug TestingConfidential InformationSubstance AbuseDisability Discrimination
References
37
Case No. MISSING
Regular Panel Decision

In re Stephen F.

In a neglect proceeding under Article 10 of the Family Court Act, the Beth Israel Medical Center moved to quash a subpoena for records of the respondents, citing confidentiality protections under 21 U.S. Code § 1175 for drug abuse prevention records. The court weighed the public interest in child protection against patient confidentiality. It granted the motion to quash concerning the father's records, noting no allegation of neglect due to his drug use. For the mother's records, the court found the existing evidence of her prior drug use (admissions to a caseworker, grandmothe, and a prior Family Court finding) would make the subpoenaed records merely cumulative, thus not meeting the 'good cause' standard for immediate disclosure. However, the court reserved its final decision on quashing the subpoena for the mother's records, awaiting testimony from the doctor who diagnosed the child with 'failure to thrive' to determine if the records are relevant to the cause of the condition.

Neglect ProceedingChild ProtectionConfidentiality of RecordsDrug Abuse TreatmentSubpoenaFamily CourtMedical Records DisclosurePhysician-Patient PrivilegeGood Cause StandardCumulative Evidence
References
6
Case No. MISSING
Regular Panel Decision

Natural Resources Defense Council v. United States Food & Drug Administration

This Memorandum and Order addresses several motions in a case brought by environmental and public interest groups against the U.S. Food and Drug Administration (FDA). The plaintiffs sought to compel the FDA to initiate proceedings to withdraw approval of certain antibiotics used non-therapeutically in livestock. The court, presided over by Magistrate Judge James C. Francis IV, granted in part the plaintiffs' motion to strike certain documents, adopted the Government's proposed schedule for complying with a previous order, and denied the Government's motion for a stay pending appeal. The judge found the FDA's decades-long delay in fulfilling its statutory duty to be unreasonable, justifying the imposition of a compliance timetable.

Antibiotic ResistanceAnimal Feed RegulationFDA EnforcementAdministrative Procedure ActFood, Drug, and Cosmetic ActMandamusJudicial ReviewStay Pending AppealSummary JudgmentPublic Health
References
41
Case No. MISSING
Regular Panel Decision

Cowan v. MaBSTOA

Plaintiff, an employee of the Manhattan and Bronx Surface Transit Operating Authority (M&B), was fired for using cocaine and stealing company property. He filed a lawsuit alleging a violation of his rights under the Rehabilitation Act. The plaintiff had previously participated in M&B's employee assistance program for drug abusers but abandoned it and returned to cocaine use. The court granted the defendant's motion for summary judgment, determining that the plaintiff was not protected by the Rehabilitation Act as he was a current illegal drug user and his misconduct rendered him unqualified for his supervisory position, which involved public safety. The decision affirmed that egregious misconduct is a sufficient basis for dismissal, irrespective of an employee's disability.

Rehabilitation Actdrug abuseemployment discriminationsummary judgmentmisconductpublic safetycocaine addictionwrongful terminationfederal lawemployer liability
References
20
Case No. MISSING
Regular Panel Decision
Aug 16, 2012

Frigault v. Town of Richfield Planning Board

Petitioners, local citizens and property owners, challenged the Town of Richfield Planning Board's grant of a special use permit to Monticello Hills Wind, LLC for a six-wind turbine project. The challenge, a combined CPLR article 78 proceeding and declaratory judgment action, alleged violations of the State Environmental Quality Review Act (SEQRA), Open Meetings Law, Town Law, and local ordinances. The Supreme Court annulled the negative declaration and special use permit due to Open Meetings Law and Town Law violations, though it upheld the SEQRA review. On cross-appeals, the higher court reinstated the negative declaration, finding the Board's SEQRA compliance sufficient and any Open Meetings Law violation did not warrant annulment. However, the special use permit's annulment was affirmed, as the Board failed to provide proper notice to the County Planning Department and lacked a rational explanation for compliance with the Town's special use permit ordinance.

Environmental Quality ReviewSpecial Use PermitWind TurbinesPlanning BoardOpen Meetings LawTown LawNegative DeclarationSEQRA ReviewJudicial ReviewAdministrative Law
References
27
Case No. MISSING
Regular Panel Decision

In re Smalls

The petitioner sought an order under CPLR 3102 (c) to compel Maritime Overseas Corporation (MOC) to disclose the identities of employees who reported her alleged illegal drug use on company premises, leading to her termination. MOC argued against disclosure, claiming the employees' statements were protected by qualified privilege and that the petitioner failed to prove actual malice as required. MOC also posited an absolute privilege based on public policy against workplace drug use. The court, however, found no evidence that the statements were made in good faith, noting a lack of verification efforts. Consequently, the claim of qualified privilege was rejected. Additionally, the court denied the absolute privilege argument, citing public policy concerns about encouraging baseless accusations and the potential harm to innocent employees. The court granted the petitioner's request for preaction disclosure.

Preaction DisclosureCPLR 3102(c)Workplace Drug UseEmployee TerminationQualified PrivilegeAbsolute PrivilegeMaliceConfidentialityDiscoveryDefamation
References
5
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