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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

In re the Arbitration between State Laundry Corp. & Laundry Workers Joint Board

The respondent sought to open a default on a motion to confirm an arbitration award, which was granted on November 29, 1960. The respondent's attorney was informed of the default on November 28, 1960, and was served with the order on December 13, 1960. Despite this, the motion to open the default was not filed until February 21, 1960, nearly three months later, with the only explanation being an unspecified family death. The court denied the motion, finding the excuse for the significant delay insufficient and the respondent's affidavit of merits lacking in facts necessary to vacate or modify the award. The court also affirmed that a party who participated in arbitration cannot claim the arbitrator exceeded authority, and judicial intervention is unwarranted for factual or legal errors if the arbitrator had jurisdiction.

ArbitrationDefault JudgmentMotion PracticeExcuse for DelayAffidavit of MeritsJurisdictionJudicial Review of Arbitration AwardsCivil Practice ActArbitrator AuthorityDenial of Motion
References
2
Case No. ADJ4094302 (AHM 0101287)
Regular
Jun 08, 2010

ROBERT STAMPS vs. KENNY-SHEA-TRAYLOR-FRONTIER-KEMPER JOINT VENTURE; AIG SERVICES, INC.

This case concerns a supplemental attorney's fee award for the applicant's attorney, John M. Urban, under Labor Code §5801. The Court of Appeal denied the defendant's petition for writ of review, finding no reasonable basis and remanding for attorney's fees. Applicant's attorney requested $5400.00 for 18 hours of work at $300 per hour, which the Board found reasonable. The Board awarded the requested amount to John M. Urban against the defendant joint venture.

ADJ4094302SUPPLEMENTAL ATTORNEY'S FEESLABOR CODE §5801Court of Appeal Fourth Appellate Districtpetition for writ of reviewno reasonable basisremandattorney's feesapplicant's attorneyJohn M. Urban
References
1
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. 02 Civ. 4286, 02 Civ. 4297
Regular Panel Decision

Wallace v. Buttar

Petitioners David Jacaruso, Joseph Scotti, and Michael E. Wallace moved to vacate an arbitration award issued in favor of respondents Daljit S. Buttar and Par-amit Buttar. The Buttars cross-moved to confirm the award. The arbitration, conducted by the National Association of Securities Dealers, Inc. (NASD), found the petitioners liable for misrepresentation, unauthorized trading, and fraud, and also as 'Control Persons,' jointly and severally liable for compensatory and punitive damages. The District Court, applying standards of 'manifest disregard of the law' and 'manifest disregard of the facts,' found that the arbitrators manifestly disregarded the law by imposing respondeat superior liability on the petitioners for actions of a broker and by finding fraud liability without evidence of intent. Furthermore, the court found the arbitrators manifestly disregarded the law and facts regarding control person liability. Consequently, the court granted the petitioners' motion to vacate the arbitration award and denied the respondents' cross-motion to confirm it.

arbitrationvacaturconfirmationsecurities fraudcontrol person liabilitymanifest disregard of lawmanifest disregard of factsNASD arbitrationpunitive damagesrespondeat superior
References
24
Case No. 2017 NY Slip Op 01785
Regular Panel Decision
Mar 09, 2017

Henvill v. Metropolitan Transportation Authority

Winston Henvill appealed the dismissal of his complaint and the denial of his petition to vacate an arbitration award, which resulted in the termination of his employment. The Supreme Court had granted defendants' motion to dismiss Henvill's complaint and denied his petition seeking to vacate the arbitration award based on a finding of misconduct. Henvill argued that the Metropolitan Transportation Authority Police Benevolent Association (PBA) breached its duty of fair representation and that the arbitrator's fact-finding was irrational. The Appellate Division affirmed the lower court's decisions, finding no evidence that the PBA's conduct was arbitrary, discriminatory, or in bad faith. Furthermore, the court emphasized that judicial review of arbitration awards is limited to statutory grounds and does not permit reviewing the arbitrator's findings of fact.

Breach of Duty of Fair RepresentationArbitration AwardEmployment TerminationMisconductCPLR Article 75Vacatur of Arbitration AwardCollective Bargaining AgreementAppellate ReviewJudicial Review of ArbitrationLabor Law
References
12
Case No. MISSING
Regular Panel Decision
Sep 28, 2011

Town of Babylon v. Stacy Carson

The Town of Babylon challenged an arbitration award that reduced a disciplinary penalty imposed on its employee, Stacy Carson, which involved restoring 10 days of pay and shortening her probation. The Town's petition to vacate the award was initially denied by the Supreme Court, which held the arbitrator had broad authority despite limitations in the collective bargaining agreement (CBA). On appeal, the higher court reversed this judgment, finding the arbitrator exceeded his power because the CBA only permitted a remedy if 'just cause' for discipline was not found, and the arbitrator had, in fact, affirmed 'just cause'. Consequently, the arbitration award's modifications were vacated, and the original penalties were reinstated.

ArbitrationCollective Bargaining AgreementDisciplinary ActionEmployee MisconductJudicial ReviewArbitrator AuthorityVacate AwardConfirm AwardCPLR Article 75Just Cause
References
10
Case No. MISSING
Regular Panel Decision
Nov 18, 1987

M. Slavin & Sons, Ltd. v. Cirillo

This case concerns a proceeding initiated by M. Slavin & Sons, Ltd. (petitioner) under CPLR article 75 to vacate an arbitration award. The Supreme Court, Kings County, denied the petitioner's request and granted the respondent, George Medina's, cross-petition to confirm the award. M. Slavin & Sons, Ltd. had discharged employee George Medina, alleging he "goofed off" and took excessive time during deliveries. The arbitrator concluded that M. Slavin & Sons, Ltd. failed to prove just cause for the discharge, noting discrepancies in delivery records and deeming Medina's brief stop at Pitkin Avenue a de minimis breach. The Appellate Division affirmed the lower court's decision, emphasizing that arbitration awards can only be vacated if the arbitrator acts irrationally, not merely due to mistakes of fact or law, which was not found in this instance. The court upheld the arbitrator's finding that Slavin lacked just cause for Medina's termination.

ArbitrationVacaturArbitration AwardJust CauseDischargeEmployment LawCPLR Article 75Judicial ReviewFactual ErrorLegal Error
References
3
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