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

Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. CA 10-02269
Regular Panel Decision
Apr 29, 2011

ELLICOTT GROUP, LLC v. STATE OF NEW YORK EXECUTIVE DEPT.

This case addresses an appeal concerning the authority of the State of New York Executive Department Office of General Services (OGS) to mandate a prevailing wage clause in a lease agreement with Ellicott Group, LLC, for privately owned property. OGS had adopted a policy requiring prevailing wages for certain work, even if it did not meet the technical definition of 'public work' under the Labor Law. The Supreme Court, Erie County, had granted summary judgment to Ellicott Group, LLC, concluding that OGS lacked statutory authority and violated the separation of powers doctrine. The Appellate Division affirmed this judgment, holding that OGS, as an administrative body, usurped the legislative function by enacting a policy defining when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawLabor Law Article 8Labor Law Article 9Public WorkLease AgreementExecutive AuthorityLegislative FunctionSeparation of PowersAdministrative LawDeclaratory Judgment
References
14
Case No. MISSING
Regular Panel Decision

Koral v. Board of Education

The petitioner, an assistant mechanical engineer, was dismissed by the board of education of the city of New York after refusing to answer questions about Communist party membership and espionage activities before the House Committee on Un-American Activities, claiming self-incrimination. The board terminated his employment citing section 903 of the New York City Charter, which mandates termination for employees refusing to testify on such grounds. The petitioner contended that section 903 was inapplicable as he was an employee of the board of education, not the city, and that he was denied a hearing under the Education Law. The court held that the petitioner was an employee of the City of New York under section 903 and that the section is self-executing, thus a hearing was not required when the facts were undisputed. The court also determined that the Congressional inquiry into espionage and loyalty constituted an inquiry into his official conduct as a public employee. Therefore, the motion was denied, and the petition dismissed.

Public Employee DismissalSelf-Incrimination PrivilegeUn-American ActivitiesNew York City CharterEducation Law ConflictLegislative Committee TestimonyLoyalty OathsConstitutional RightsArticle 78 ReviewGovernment Espionage Inquiry
References
15
Case No. 2021 NY Slip Op 00461
Regular Panel Decision
Jan 28, 2021

Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor

Executive Cleaning Services Corporation and Cef Saiz, the petitioners, challenged a determination by the Commissioner of Labor, alleging they failed to pay prevailing wages for cleaning services provided to the Ossining Public Library. The Department of Labor initiated an investigation following an employee complaint and concluded that the contract was subject to the prevailing wage provisions of Labor Law article 9. Petitioners argued the library was not a 'public agency' as defined by Labor Law § 230 (3), thus exempting their contract from prevailing wage requirements. The Appellate Division, Third Department, ultimately agreed with the petitioners, finding that despite its public function and ties to the school district, the Ossining Public Library does not fit the statutory definition of a public agency under Labor Law § 230 (3). Consequently, the Commissioner's determination was annulled, the petition granted, and the action for declaratory judgment severed and remitted to the Supreme Court.

Prevailing Wage LawLabor Law Article 9Public Agency DefinitionOssining Public LibraryEducation CorporationCPLR Article 78 ProceedingDeclaratory Judgment ActionBuilding Service ContractsSchool District Public LibraryAdministrative Law
References
18
Case No. 2018 NY Slip Op 01718
Regular Panel Decision
Mar 16, 2018

Matter of Karamalla v. Devine

Petitioner-plaintiff Yousif Karamalla commenced a hybrid CPLR article 78 proceeding, declaratory judgment action, and action under 42 USC § 1983 on behalf of himself and a class seeking the annulment of the denial of Safety Net Assistance (SNA) due to temporary protected immigration status (TPS). The Supreme Court granted class certification and found the denial of SNA based on TPS unlawful. The Appellate Division, Fourth Department, unanimously affirmed this order. The court rejected the respondent's arguments regarding the statute of limitations, retroactivity of relief, and the overbreadth of the class certification to include future applicants, affirming the lower court's decision.

Temporary Protected Status (TPS)Safety Net Assistance (SNA)Public Assistance BenefitsClass Action CertificationCPLR Article 78 ProceedingDeclaratory Judgment42 USC § 1983 ActionEqual Protection RightsImmigration Status DiscriminationStatute of Limitations Waiver
References
12
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. MISSING
Regular Panel Decision
Dec 08, 2014

Evans v. Commissioner of Social Security

Valerie Evans sought judicial review of a denied disability benefits claim from the Commissioner of Social Security. Evans, a former contract negotiator, executive assistant, facilities assistant, and legal assistant, alleged disability as of September 30, 2011, due to severe neck and back pain with radiculopathy, ADHD, anxiety, and panic disorder following an assault. The Administrative Law Judge (ALJ) found she was not disabled, determining her impairments did not meet listing levels and her allegations were inconsistent with her daily activities, conservative treatment, and stable medical examinations. The ALJ concluded Evans retained the residual functional capacity for sedentary work, a finding upheld by the United States Magistrate Judge. The court granted the Commissioner's motion for judgment on the pleadings and denied Evans's motion.

Disability BenefitsSocial Security ActJudicial ReviewResidual Functional CapacitySedentary WorkObjective Medical EvidenceCredibility DeterminationAdministrative Law JudgeAnxiety DisorderDegenerative Disc Disease
References
45
Case No. MISSING
Regular Panel Decision

Ford v. Nassau County Executive

Anthony Ford, a pro se plaintiff, sued the Nassau County Correctional Center and the Nassau County Executive under 42 U.S.C. § 1983, alleging his Thirteenth and Fourteenth Amendment rights were violated by being forced to work as a "food cart worker" without pay while a pretrial detainee. Ford sought $2.5 million in damages. The court dismissed the claims against the Nassau County Executive due to lack of personal involvement. For the NCCC, the court acknowledged a "close question" regarding a policy but proceeded to the merits, ruling that required "housekeeping duties" for pretrial detainees, especially with compensation like extra food, do not constitute punishment or violate due process or Thirteenth Amendment rights. Furthermore, Ford suffered no actual damages because his subsequent guilty plea and sentence of time served encompassed the period of alleged forced labor, effectively curing any potential constitutional deprivation. Therefore, the defendants' motion for summary judgment was granted, and the case was closed.

Section 1983Civil RightsThirteenth AmendmentFourteenth AmendmentDue ProcessPretrial DetaineeForced LaborCorrectional FacilitySummary JudgmentCompensatory Damages
References
35
Case No. MISSING
Regular Panel Decision

Clark v. Cuomo

The plaintiff, chairman of the New York Republican State Committee, sought a preliminary injunction against Governor Mario M. Cuomo to stop the implementation of Executive Order No. 43, which established a state program for voter registration. The plaintiff argued the order was unconstitutional and illegal, violating the bipartisan mandate for voter registration and exceeding the Governor's authority by usurping legislative power. The court found the plaintiff likely to succeed on the merits, emphasizing that the New York Constitution vests control of voter registration and elections solely with the Legislature. The court ruled that the Governor lacked the authority to establish such a program, which invaded the legislative domain. Consequently, the motion for a preliminary injunction was granted, restraining the Governor from enforcing Executive Order No. 43.

Voter RegistrationExecutive Order ChallengeSeparation of PowersLegislative AuthorityGovernor's PowersPreliminary InjunctionConstitutional LawElection LawPublic PolicyJudicial Review
References
8
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