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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

Florence B. v. Carol M.

Adam, an orphaned 6-year-old, is the subject of a Family Court custody dispute between two sets of paternal relatives: petitioners Florence and Eugene B., and respondents Carol and Thomas M. Adam has resided with Carol and Thomas for 21 months after suffering the loss of his parents and grandmother, and physical abuse. Petitioners allege Carol's physical and mental illnesses preclude suitable care. The court considered extensive testimony, forensic reports, and interviews with Adam, finding he is psychologically bonded with Carol and Thomas and wishes to remain with them. While acknowledging Carol's serious medical condition and future uncertainties, the court granted joint custody to both sets of relatives, with physical custody remaining with Carol and Thomas, and a provision for physical custody to revert to Florence and Eugene if Carol becomes unable to care for Adam. The decision emphasizes Adam's best interests, stability, and continued access to both families.

Child CustodyFamily LawCustody DisputeOrphaned ChildBest Interests of the ChildJoint CustodyPhysical CustodyVisitation RightsPsychological BondingMental Health Evaluation
References
30
Case No. MISSING
Regular Panel Decision

Thomas v. Sullivan

Gertrude Thomas challenged the Social Security Administration's termination of her widow's benefits. After living with Joseph Thomas for 47 years in a common law marriage and receiving benefits, she was denied them following his death because his prior, undissolved ceremonial marriage to Janie Thomas was deemed valid. Gertrude argued that 42 U.S.C. § 416(h)(1)(B) violated equal protection by granting benefits to those in invalid ceremonial marriages but not invalid common law marriages. The District Court upheld the denial, finding a rational basis for the distinction in preventing fraud and easing administration, and dismissed the complaint.

Social Security ActWidow's BenefitsCommon Law Marriage ValidityCeremonial Marriage ValidityEqual Protection ChallengeRational Basis TestStatutory InterpretationFraud PreventionAdministrative EfficiencyDeemed Widow Provision
References
3
Case No. 05 Civ. 606
Regular Panel Decision

Thomas v. Istar Financial, Inc.

Plaintiff Kenneth Thomas sued iStar Financial, Inc. and Ed Baron for race discrimination, hostile work environment, and retaliation under Title VII and the NYCHRL. Defendants sought summary judgment on all claims, citing Thomas's poor performance and denying discriminatory intent. The Court granted summary judgment for defendants on Thomas's hostile work environment, disparate treatment, and certain retaliation claims (continuing hostile work environment, threats, reprimands, and negative references). However, the Court denied summary judgment on Thomas's claims for discriminatory termination and retaliation in the form of termination, finding that genuine issues of material fact precluded a full dismissal.

Race DiscriminationRetaliationHostile Work EnvironmentTitle VII ClaimsNYCHRL ClaimsSummary Judgment MotionEmployment DiscriminationDisparate TreatmentWrongful TerminationFederal Litigation
References
66
Case No. 2020 NY Slip Op 07642
Regular Panel Decision
Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law
References
6
Case No. 2019 NY Slip Op 00446 [168 AD3d 955]
Regular Panel Decision
Jan 23, 2019

Matter of Thomas v. Town of Southeast, N.Y.

Petitioner Timothy Thomas, a road maintenance equipment operator, was accused of 12 counts of misconduct by his employer, the Town of Southeast, New York. Allegations included disobeying orders, unauthorized absence, and threatening a superior. Following an administrative hearing under Civil Service Law § 75, the hearing officer found Thomas guilty of 6 charges and recommended termination, citing the nature of incidents, lack of credibility/remorse, and prior disciplinary record. The Town Board adopted this recommendation, leading to Thomas's employment termination. Thomas initiated a CPLR article 78 proceeding for review. The Appellate Division confirmed the Town's determination, denied the petition, and dismissed the proceeding, concluding that the factual findings were supported by substantial evidence and the penalty of dismissal was not disproportionate to the offenses.

CPLR Article 78Administrative LawPublic EmploymentMisconductTermination of EmploymentCivil Service LawSubstantial EvidenceJudicial ReviewPenalty DisproportionAppellate Review
References
11
Case No. 2017 NY Slip Op 04360 [151 AD3d 412]
Regular Panel Decision
Jun 01, 2017

Thomas v. New York City Department of Education

Plaintiff, Michael P. Thomas, a taxpayer, filed a lawsuit against the New York City Department of Education (DOE), Chancellor Farina, and Communications Workers of America District One (CWA), alleging fraudulent and wasteful acts related to CWA's use of public school property for a meeting. Thomas also accused the Office of the Special Commissioner of Investigation for the New York City School District (SCI) of fraudulently concealing these actions. The Supreme Court granted the defendants' motion to dismiss the amended complaint. The Appellate Division affirmed this decision, finding that CWA paid the customary fees for using the school premises, thus not constituting an illegal gift of money under the New York State Constitution. Furthermore, the Court determined that no cause of action under General Municipal Law § 51 existed because there was no fraud or entirely illegal purpose, and Thomas could not use a taxpayer action to correct technical irregularities. Finally, the Court concluded that Thomas failed to plead a cause of action for fraudulent misrepresentation against SCI due to lack of intent to deceive and insufficient specificity in his allegations.

Taxpayer ActionFraudulent MisrepresentationWasteful ActsPublic School Property UseGift of MoneyGeneral Municipal LawCPLR 3016(b) Pleading RequirementsAppellate ReviewMotion to DismissSufficiency of Pleadings
References
4
Case No. MISSING
Regular Panel Decision

Thomas v. Nassau County Correctional Center

Plaintiff Robert Thomas, an inmate, filed a pro se action under 42 U.S.C. § 1983 against the Nassau County Correctional Center, Sheriff Edward Reilly, Officer Kenneth H. Williams, Nassau County, and the Director of Nassau County University Hospital, alleging inadequate medical treatment for an injured hand. The Nassau County defendants moved to dismiss the complaint for failure to state a federal cause of action, arguing the allegations amounted to medical malpractice, not an Eighth Amendment violation. The court found that Thomas failed to allege a sufficiently serious medical condition or deliberate indifference from the defendants. Consequently, the court granted the motion to dismiss the claims against the Nassau County defendants and sua sponte dismissed claims against the director, both without prejudice. The plaintiff was granted leave to file an amended complaint.

Inadequate Medical CareDeliberate IndifferenceEighth AmendmentFourteenth AmendmentSection 1983Prisoner RightsMotion to DismissMedical MalpracticePro Se PlaintiffJail Conditions
References
38
Case No. CV-23-0874
Regular Panel Decision
Nov 21, 2024

In the Matter of the Claim of Thomas LaMont (dec'd)

This case involves an appeal from a Workers' Compensation Board decision that awarded death benefits to Dalena Lamont, the widow of Thomas Lamont. Thomas Lamont, a participant in World Trade Center rescue operations, developed rectal cancer in 2017, establishing a lifetime claim for an occupational disease. After his death in 2022, his widow sought death benefits. The Board ruled that the death was a consequence of the original occupational disease, setting the date of disablement as September 28, 2017, and holding Safety National Casualty Corp. liable for benefits calculated based on the average weekly wage at that disablement date. The Appellate Division affirmed the Board's decision, emphasizing that in occupational disease cases, disablement is treated as the date of the accident for determining injury date and average weekly wage for death benefits.

Workers' Compensation LawDeath Benefits ClaimOccupational DiseaseWorld Trade Center OperationsRectal Cancer DiagnosisDate of DisablementAverage Weekly Wage CalculationGround Zero ExposureAppellate ReviewThird Judicial Department
References
12
Case No. MISSING
Regular Panel Decision

Thomas v. Berryhill

Angela Rena Jean Thomas sought judicial review of a Social Security Commissioner's decision denying her applications for Supplemental Security Income and Disability Insurance Benefits, alleging disability due to anxiety and depression. An Administrative Law Judge (ALJ) initially found Thomas not disabled, a decision upheld by the Appeals Council. Thomas then filed a motion for judgment on the pleadings in federal court, arguing the ALJ improperly discounted her treating therapist's opinion and failed to include all limitations from a state-agency consultant's assessment in her Residual Functional Capacity (RFC). The Court denied Thomas's motion and granted the Commissioner's cross-motion, finding the ALJ's reasoning for discounting the therapist's opinion was supported by the record and that any error in incorporating the consultant's limitations was harmless. Consequently, Thomas's complaint was dismissed with prejudice.

Social Security ActDisability BenefitsSupplemental Security Income (SSI)Administrative Law Judge (ALJ)Residual Functional Capacity (RFC)Treating Physician RuleMental ImpairmentsDepressionAnxietyJudicial Review
References
34
Case No. KA 14-00721
Regular Panel Decision
Mar 20, 2015

SCZERBANIEWICZ, THOMAS, PEOPLE v

The case involves an appeal by Thomas Sczerbaniewicz from an Onondaga County Court order classifying him as a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). The Board of Examiners of Sex Offenders initially recommended a level one risk but applied an override to level three due to a diagnosed psychological abnormality impacting impulse control. The County Court, while not applying the override, determined an upward departure to level three was warranted based on aggravating circumstances. The Appellate Division, Fourth Judicial Department, unanimously affirmed the order, finding clear and convincing evidence that aggravating circumstances, such as the defendant's involvement in a child pornography ring, possession of over 1,500 child pornography images, and admitted fantasies in prison, justified the upward departure. The court also rejected the defendant's request for a downward departure, concluding that his cited mitigating factors were outweighed by the aggravating circumstances.

Sex Offender Registration ActSORARisk AssessmentUpward DepartureChild PornographyPsychological AbnormalityAggravating CircumstancesDownward DepartureAppellate ReviewCriminal Law
References
8
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