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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

People v. Starks

Defendant was convicted of grand larceny in the third degree and two counts of offering a false instrument for filing in the first degree, stemming from his failure to report workers' compensation benefits while receiving social services benefits. The appellate court first addressed the defendant's Batson challenge regarding a peremptorily excused black juror, affirming the lower court's finding that the prosecutor's explanation was race-neutral. Next, the court found legally sufficient evidence to support the grand larceny conviction, noting that the defendant's misrepresentations were material and resulted in an overpayment exceeding $3,000. Additionally, the court rejected claims of abridged confrontation rights, prosecutorial misconduct, and ineffective assistance of counsel. Finally, the judgment was modified to impose concurrent, rather than consecutive, sentences for the grand larceny and false instrument for filing convictions, and as modified, affirmed.

Grand LarcenyFalse Instrument for FilingSocial Services Benefits FraudWorkers' Compensation OverpaymentBatson ChallengeJuror Peremptory ChallengeSufficiency of EvidenceConfrontation Clause RightsProsecutorial MisconductIneffective Assistance of Counsel
References
23
Case No. MISSING
Regular Panel Decision
Mar 02, 2006

People v. Niver

The defendant was convicted of grand larceny in the fourth degree, welfare fraud in the fourth degree, and two counts of offering a false instrument for filing in the first degree, all stemming from her failure to report income while receiving public assistance benefits. On appeal, the defendant challenged the denial of her speedy trial motion, the legal sufficiency of the evidence for her convictions, particularly regarding the value of property wrongfully taken and intent to defraud, and several evidentiary rulings by the County Court. The court found no speedy trial violation, concluding that only 173 days were chargeable to the People. The court also determined that the evidence was legally sufficient to support the convictions, noting witness testimony on overpayment exceeding $1,000 and the defendant's failure to disclose workers' compensation income. The various evidentiary rulings, including those related to the Molineux application and business records, were upheld. Therefore, the judgment was affirmed.

Grand LarcenyWelfare FraudFalse Instrument for FilingSpeedy Trial ViolationLegal Sufficiency of EvidenceIntent to DefraudEvidentiary RulingsMolineux ApplicationBusiness Records ExceptionCriminal Procedure Law
References
14
Case No. MISSING
Regular Panel Decision

In re Zarkin

Respondent, admitted to law in 1979, faced multiple felony charges in 2003, including restraint of trade, enterprise corruption, and bribery, stemming from a scheme to bribe hospital workers for personal injury lawsuit candidates. He was also charged with offering false instruments for filing and falsifying business records related to false retainer statements. On November 22, 2005, respondent and his law firm, Loft & Zarkin, were convicted of two counts of offering a false instrument for filing in the first degree and one count of falsifying business records in the first degree. He received a sentence of five years' probation and a $5,000 fine. The Disciplinary Committee subsequently sought his disbarment. The court granted the petition, ordering respondent's name to be stricken from the roll of attorneys, effective nunc pro tunc to November 22, 2005, citing automatic disbarment upon felony conviction under New York law.

DisbarmentAttorney MisconductFelony ConvictionFalse Instrument for FilingFalsifying Business RecordsCommercial BriberyEnterprise CorruptionProfessional EthicsAutomatic DisbarmentJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision

In re Sorkin

Respondent Olga Sorkin, admitted to practice in New York in 1993, was charged in a multicount indictment, including restraint of trade, enterprise corruption, commercial bribery, and offering a false instrument for filing. These charges stemmed from her involvement with other attorneys in bribing hospital workers for medical records to identify potential personal injury lawsuit candidates, subsequently splitting earnings from insurance claims. In May 2005, Sorkin pleaded guilty in Supreme Court, New York County, to first-degree offering a false instrument for filing, a felony, and was sentenced to five years probation and ordered to pay $50,000 in restitution. Her firm, Olga Sorkin, P.C., also entered a guilty plea for the same charge. The Departmental Disciplinary Committee sought her disbarment based on this felony conviction, a request she did not oppose. Consequently, her name was stricken from the roll of attorneys in New York, effective nunc pro tunc to May 19, 2005.

Attorney DisbarmentFelony ConvictionProfessional MisconductBriberyFalse Instrument for FilingEnterprise CorruptionLegal EthicsDisciplinary ActionJudiciary LawNew York Supreme Court
References
1
Case No. MISSING
Regular Panel Decision

People v. Palmeri

This case involves an appeal by an orthopedic surgeon, identified as the defendant, who was convicted of offering a false instrument for filing in the second degree, insurance fraud in the fifth degree, and petit larceny. The charges stemmed from the defendant's actions in filing false reports with the Workers' Compensation Board, claiming his patient was totally disabled. Evidence presented at a nonjury trial established that the patient, despite being declared totally disabled, was actively engaged as a general contractor for the defendant's office building reconstruction and home renovations, often performing physical labor. The court found sufficient proof to establish the defendant's knowledge of the patient's work activities, thereby affirming the conviction.

Workers' Compensation FraudOrthopedic SurgeonFalse Instrument for FilingPetit LarcenyInsurance FraudSufficiency of EvidenceWeight of EvidenceAppellate ReviewPatient DisabilityGeneral Contractor
References
13
Case No. MISSING
Regular Panel Decision

In re Ferrandino

Respondent Anthony Ferrandino, an attorney, was convicted of offering a false instrument for filing, a class E felony, in New York County on February 2, 2005. This conviction stemmed from his involvement in bribing hospital workers to obtain personal injury lawsuit candidates and filing false retainer statements with the Office of Court Administration. The Committee on Professional Standards sought his disbarment, citing Judiciary Law § 90 (4), which mandates automatic disbarment for state felony convictions. The court granted the petition, ordering his name be stricken from the roll of attorneys, nunc pro tunc to the conviction date. The decision highlighted that sentencing is not a prerequisite for automatic disbarment.

Attorney misconductProfessional disciplineFelony convictionDisbarmentFalse instrumentBriberyPersonal injury lawsuitsRetainer statementsAutomatic disbarmentDisciplinary Committee
References
3
Case No. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. 2016 NY Slip Op 01180 [138 AD3d 89]
Regular Panel Decision
Feb 17, 2016

Matter of Harris

Richard T. Harris, an attorney, was charged with five counts of professional misconduct by the Grievance Committee. His law firm, Richard T. Harris & Associates, P.C., pleaded guilty to multiple counts of offering a false instrument for filing, stemming from submitting false fee applications and fraudulent change of venue requests to the Workers' Compensation Board. Harris was found to have engaged in a pattern of submitting false documents, some with forged signatures, and failed to adequately supervise his nonlawyer employees in these actions. The Special Referee sustained all charges, and the Appellate Division, Second Department, confirmed the report, ultimately suspending Harris from the practice of law for three years.

Attorney MisconductProfessional EthicsGrievance CommitteeFalse FilingsSupervision FailureWorkers' CompensationAttorney SuspensionDisciplinary ActionEthical ViolationsFraudulent Documents
References
2
Case No. MISSING
Regular Panel Decision
Feb 04, 1983

Claim of Palumbo v. Transport Masters International, Inc.

The Workers' Compensation Board initially denied a claim due to late filing and lack of advance compensation payment. A subsequently located disability benefits file was reviewed by the Board in the interest of justice. However, the Board found no evidence within this file to indicate a claim for compensation was filed as required by section 28 of the Workers' Compensation Law. The court affirmed the Board's decision, emphasizing that only questions of fact were presented. The court concluded that the Board's factual findings were conclusive as they were supported by substantial evidence in the record.

Workers' Compensation BoardClaim Filing DeadlineDisability Benefits FileSubstantial EvidenceQuestions of FactAppellate ReviewTime LimitationAdvance PaymentSection 28Administrative Review
References
1
Case No. MISSING
Regular Panel Decision
Nov 20, 1995

People v. Ravenell

A defendant, formerly a parking meter service worker for the New York City Department of Transportation, was convicted after a jury trial of two counts of petit larceny and three counts of offering a false instrument for filing in the first degree. The defendant appealed, arguing that the collection reports and equipment sign-out sheets did not constitute written instruments

Criminal lawFalse instrumentPetit larcenyPenal LawPublic servantDepartment of TransportationEmbezzlementConvictionAffirmationAppellate procedure
References
1
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