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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jun 27, 1975

Nelson v. Dumpson

The court annulled the determination by the State Commissioner of Social Services, which had affirmed the New York City commissioner's decision to recoup an overpayment of public assistance from the petitioner. The overpayment was due to the inclusion of the petitioner's son, Frank, in the budget while he was outside the household. The initial determination was based on section 348.4 of the regulations of the State Department of Social Services (18 NYCRR 348.4), concerning 'suspected fraud' requiring evidence of willful withholding of information. However, the record from the fair hearing lacked substantial evidence to establish willful withholding or fraud. The petitioner testified to disclosing Frank's absence, and respondent's records did not contradict this. This annulment does not preclude the respondent from seeking relief for overpayment due to honest mistake.

public assistanceoverpaymentrecoupmentwillful withholdingfraudfair hearingsocial services regulationssubstantial evidenceannulmentremand
References
0
Case No. MISSING
Regular Panel Decision
May 09, 1974

Russell v. Dumpson

Petitioner (Mrs. Russell) initiated an Article 78 proceeding to challenge a May 9, 1974 decision by the New York State Department of Social Services, which affirmed the denial of retroactive public assistance by the New York City Department of Social Services. The petitioner and her husband had taken two children, Harry and Kennedy Drayton, into their home based on assurances from a social services employee that assistance would be provided. Despite filing an application and making numerous inquiries, assistance for the period the children resided with them was denied, and only later partially granted for one child. The respondents denied retroactive assistance, citing regulations that assistance meets current needs and the petitioner's alleged failure to request a fair hearing within 60 days. The court found errors of law in the respondents' decision, ruling that the Department could not penalize the petitioners for its own inaction and that the 60-day period did not commence without written notification. Consequently, the court annulled the decision and directed respondents to issue a retroactive grant of assistance to the petitioner.

Public AssistanceRetroactive GrantArticle 78 ProceedingSocial Services LawFair HearingAdministrative ReviewDue ProcessAgency InactionChildren's WelfareState Regulations
References
6
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

Brown v. Lavine

This case addresses whether an indigent recipient of public assistance is constitutionally entitled to assigned counsel at a statutory fair hearing concerning the discontinuance of aid. The petitioner, whose aid was to be discontinued, was denied assigned counsel after Queens Legal Services declined representation. The court affirmed the lower court's decision, holding that while due process requires notice and an opportunity to be heard, it does not extend to the right to assigned counsel in such administrative hearings. The court emphasized that existing regulations provide ample safeguards and that the purpose of the hearing is factual ascertainment, not criminal prosecution. It distinguished this from child neglect cases where fundamental liberty interests mandate assigned counsel, concluding that if assigned counsel is to be provided, it is a legislative, not a constitutional, mandate. The court also rejected the equal protection claim, noting that fair hearing procedures are available to all.

Public AssistanceFair HearingAssigned CounselDue ProcessEqual ProtectionIndigencySocial Services LawWelfare FraudAdministrative HearingsConstitutional Law
References
13
Case No. MISSING
Regular Panel Decision

Kenton v. Wyman

Petitioner, a 35-year-old father of five, was enrolled full-time in the SEEK program at college. His public assistance grant was reduced, and housekeeping services discontinued, because he refused to seek employment that interfered with his schooling. The court examined whether the hearing officer should have disqualified herself (found she was qualified), whether the petitioner was entitled to public assistance while in the SEEK program (found he was not as he wasn't a minor or in an approved vocational program), and whether he required notice for discontinuance of housekeeping services (found he did, but he had a fair hearing). The court ultimately directed that the petitioner be reimbursed for welfare allowances deducted during the period leading up to the State's fair hearing decision, acknowledging a new regulation requiring continued payments during that time, but upheld the other decisions.

Public AssistanceWelfareSEEK ProgramFull-Time StudentEmployabilityFair HearingHousekeeping ServicesGrant ReductionArticle 78 ProceedingSocial Services Law
References
4
Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. MISSING
Regular Panel Decision

T & M Meat Fair, Inc. v. United Food & Commercial Workers, Local 174

The plaintiffs, T & M Meat Fair, Inc. and its owners, filed a class action lawsuit in New York state court against the United Food and Commercial Workers (UFCW) unions and affiliated funds, alleging fraud and breach of fiduciary duty related to their participation in ERISA plans. The defendants removed the case to federal court, citing original jurisdiction under ERISA and LMRA. The plaintiffs then moved to remand the case back to state court, arguing that federal jurisdiction was improper and also sought attorneys' fees and costs. The District Court denied the plaintiffs' motion to remand, finding that federal jurisdiction was proper based on at least one claim arising under ERISA in the amended complaint, and also denied the request for attorneys' fees and costs. The court explicitly stated that Count III, asserting rights under ERISA for Milano, established federal jurisdiction.

ERISALMRARemoval JurisdictionFederal CourtState CourtRemand MotionClass ActionLabor UnionPension FundsHealth Funds
References
14
Case No. MISSING
Regular Panel Decision

Capone v. Patchogue-Medford Union Free School District

The petitioner, an employee of Patchogue-Medford Union Free School District (UFSD), was terminated after two adult students reported sexually explicit conversations and offers of sexual acts from him. The UFSD charged the petitioner with 18 specifications of misconduct under Civil Service Law §75. Following a hearing where 17 charges were sustained, the hearing officer recommended termination, which the UFSD adopted. The petitioner initiated an article 78 proceeding, arguing insufficient notice, lack of substantial evidence, and an excessively severe penalty. The court confirmed the determination, finding the charges adequate, supported by substantial evidence from student testimonies, and that termination was not disproportionate given precedent, despite the petitioner's previously unblemished 19-year record.

Employment terminationSexual misconductAdministrative reviewCivil Service LawSufficiency of evidencePenalty proportionalityArticle 78Due processHearing officer findingsPublic education employee
References
6
Case No. MISSING
Regular Panel Decision

People v. Sanad

The People moved to reargue the court's September 5, 2014 decision that granted the defendant's motion for a Huntley hearing. The defendant, a police officer, was questioned by an Assistant District Attorney (ADA) regarding a prior arrest report, recanting an earlier statement where she claimed to have witnessed an assault. The People argued the defendant was not in custody or interrogated, thus not entitled to a Huntley hearing. The defendant countered that her statement was compelled, potentially under threat of job forfeiture, making it involuntary. The court granted the reargument motion but ultimately adhered to its prior decision, citing People v Weaver which mandates a Huntley hearing whenever a defendant claims a statement was involuntary. The court will determine the voluntariness of the statement by reviewing the totality of the circumstances at the hearing.

Criminal LawMotion PracticeReargumentHuntley HearingVoluntary StatementPolice OfficerSelf-IncriminationMiranda RightsGarrity RightsPublic Employment
References
27
Case No. MISSING
Regular Panel Decision

Korth v. McCall

Petitioner, an employee of Suffolk County Water Authority, sustained back and neck injuries in 1991 and subsequently applied for disability retirement benefits in 1994 under Retirement and Social Security Law article 15. The Hearing Officer denied her application, notably referencing allegations of fraud against her treating physician, Martin Lehman, which were submitted as hearsay by the respondent's counsel and not admitted as evidence during the hearing. The Court found that the Hearing Officer's reliance on information dehors the record, particularly concerning the credibility of a critical witness, deprived the petitioner of a fair hearing. Consequently, the determination was annulled, and the matter was remitted for a new hearing.

disability retirement benefitsfair hearinghearsay evidencecredibility of witnessesdue processadministrative lawannulmentremittalexpert testimonytreating physician
References
5
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