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

Case No. 2018 NY Slip Op 02766 [160 AD3d 921]
Regular Panel Decision
Apr 25, 2018

Clarke v. First Student, Inc.

Ibia M. Clarke, an employee of First Student Management, LLC (FSM), sustained personal injuries due to a defective condition at FSM's premises. She subsequently filed a negligence action against First Student, Inc., the premises owner. The defendant sought summary judgment, arguing it was an alter ego of FSM, making workers' compensation her exclusive remedy under the Workers' Compensation Law. The Supreme Court, Nassau County, initially denied the defendant's motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant successfully demonstrated, prima facie, that it was an alter ego of the plaintiff's employer, FSM. Consequently, the defendant's motion for summary judgment dismissing the amended complaint was granted.

Personal InjuryNegligenceSummary JudgmentWorkers' Compensation LawExclusive RemedyAlter Ego DoctrineEmployer LiabilityPremises LiabilityAppellate ReviewCorporate Structure
References
9
Case No. MISSING
Regular Panel Decision

Bene v. Educational Credit Management Corp. (In re Bene)

Ms. Bene, a 64-year-old assembly line worker facing imminent job loss, sought to discharge her $56,000 student loan debt after making minimal payments over 25 years. The court analyzed her case under the 'undue hardship' test established in In re Brunner, considering how economic terms and the William D. Ford Program's debt forgiveness options have evolved since 1987. Despite earlier life choices, such as prioritizing parental care over completing her education, the court concluded that Ms. Bene met both the Brunner test and a 'totality of circumstances' test, citing her age, lack of professional qualifications, austere lifestyle, and absence of future financial prospects. Consequently, the court ordered the discharge of her student loan debt.

Student LoansUndue HardshipBrunner TestWilliam D. Ford ProgramBankruptcy DischargeFinancial DistressElderly DebtorCaregivingEmployment PrecarityEconomic Circumstances
References
13
Case No. MISSING
Regular Panel Decision

O'Neal v. Archdioceses of New York

In this dissenting opinion, Judge Crane argues for the reversal of an order that granted summary judgment, dismissing a complaint against the Archdioceses of New York and Pius 12 Residential Services — Chester Campus Program. The core issue revolves around the defendants' alleged negligent supervision, leading to an assault where student William Cook broke Israel O'Neal's jaw. Judge Crane contends that the defendants failed to demonstrate a lack of actual or constructive notice regarding Cook's documented violent tendencies, citing extensive behavioral records. Contrary to the majority's view of an impulsive attack, the dissent details a prolonged altercation between the students, suggesting supervisory staff had ample opportunity to intervene. Therefore, the dissenting judge concludes that the motion for summary judgment should have been denied, and the complaint reinstated.

Negligent SupervisionSummary Judgment MotionDissenting OpinionSchool LiabilityStudent InjuryActual NoticeConstructive NoticeAssault and BatteryProximate CauseEducational Institutions
References
10
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. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. 142 SSM 33
Regular Panel Decision
Nov 16, 2017

The Matter of the Claim of Lidia Burgos v. Citywide Central Insurance Program

The New York Court of Appeals affirmed the order of the Appellate Division. The decision concerned the claim of Lidia Burgos against Citywide Central Insurance Program and the Workers' Compensation Board. The Appellate Division had concluded that substantial evidence supported the Workers' Compensation Board's determinations regarding the claimant's degree of impairment and loss of wage-earning capacity. The Court of Appeals found no reason to overturn this conclusion.

Workers' CompensationImpairmentWage-earning CapacitySubstantial EvidenceAppellate DivisionClaimantInsurance ProgramBoard DeterminationJudicial ReviewAffirmed Order
References
1
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. MISSING
Regular Panel Decision

Lugo v. Gaines

This dissenting opinion concerns a petitioner's request for review of a determination terminating his participation in a temporary release program and for monetary damages. The petitioner, an inmate, was removed from the program after a urine sample tested positive for cocaine. The dissent argues that the procedures followed, despite a lack of formal chain of custody documentation, did not violate the petitioner's due process rights, as strict rules of evidence are not required in such disciplinary proceedings. Citing judicial precedent, the dissenting judges emphasize that an inmate's constitutional protections are diminished by institutional needs. Therefore, they would affirm the termination of the petitioner's work release program.

temporary release programdrug testingdue processinmate rightscorrectional facilitiesadministrative hearingchain of custodyurine analysisArticle 78State liability
References
8
Case No. Dkt. No. 1
Regular Panel Decision

Oklahoma Firefighters Pension & Retirement System v. Student Loan Corp.

Lead plaintiffs Oklahoma Firefighters Pension and Retirement System and Elk-horn Partners LP brought a putative class action against Student Loan Corporation, its officers, Citigroup, Citibank, Citi Holdings, and Discover Financial Services. Plaintiffs alleged that Student Loan Corp. violated GAAP by failing to maintain adequate reserves for student loan losses and materially misrepresented its loan portfolios and risk exposure in violation of the Securities Exchange Act of 1934 and SEC Rule 10b-5. Defendants moved to dismiss the complaint for failure to state a claim. The Court granted the defendants' motion, concluding that the plaintiffs failed to adequately plead actionable misrepresentations or omissions, scienter, and loss causation. The Court also noted that the named plaintiffs lacked standing due to a prior settlement order in a related Delaware action.

Securities FraudClass ActionMotion to DismissGAAP ViolationsLoan Loss ReservesFinancial DisclosuresPrivate Securities Litigation Reform ActScienterLoss CausationCorporate Governance
References
56
Case No. MISSING
Regular Panel Decision

Matthews v. Barrios-Paoli

The case addresses the conflict between education entitlement and public benefits for 19-year-old New York City high school students. These students, who rely on Safety Net Public Assistance, are mandated to participate in the Work Experience Program (WEP). Plaintiffs argue that WEP assignments hinder their high school studies, violating the New York State Constitution and state law, particularly by not accounting for homework and requiring assignments that interfere with school schedules. The court granted a preliminary injunction, finding it likely that WEP assignments interfere with educational activities and that state regulations unduly narrow the definition of "educational activities" by excluding homework. The decision emphasizes the importance of supporting students to complete high school and denied the defendants' motion for summary judgment, while also granting class certification.

Education rightsPublic assistanceWorkfare programStudent welfareConstitutional lawSocial Services LawPreliminary injunctionClass actionYouth employmentHigh school students
References
1
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