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

Case No. 2019 NY Slip Op 05756 [175 AD3d 134]
Regular Panel Decision
Jul 23, 2019

Matter of People Care Inc. v. City of New York Human Resources Admin.

The New York Appellate Division, First Department, affirmed the Supreme Court's decision, which annulled the Human Resources Administration's (HRA) demand to recoup approximately $7 million in Health Care Reform Act (HCRA) funds from People Care Incorporated. The core issue was whether HRA possessed the authority to audit and recover these HCRA funds, established as a distinct Medicaid reimbursement program for worker recruitment and retention, from personal care service providers. The Court found that neither Public Health Law § 2807-v (1) (bb) nor the Memorandum of Understanding between the Department of Health (DOH) and HRA delegated such auditing and recoupment powers to HRA. It rejected HRA's arguments that HCRA funds were merely a subset of general Medicaid funds subject to its existing contractual audit authority, or that DOH's actions constituted ratification of HRA's authority. Consequently, the Court upheld the injunction preventing HRA from recouping the disputed HCRA funds from People Care.

Administrative LawMedicaid ReimbursementAuditing AuthorityStatutory ConstructionInter-agency AgreementsHealthcare Reform ActPersonal Care ServicesGovernment ContractsCPLR Article 78Delegation of Power
References
8
Case No. MISSING
Regular Panel Decision

Uddin v. City of New York

Jamal Uddin, an employee of the New York City Human Resources Administration (HRA), filed a lawsuit against the City of New York, HRA, Director Janice Scott, and Supervisor Roy Francis, alleging retaliation. Uddin claimed the defendants retaliated against him for a prior discrimination lawsuit (Uddin I) by preparing false disciplinary charges, denying him resources like a working telephone, denying promotional opportunities, and unlawfully removing his name from a civil service list. The defendants moved for summary judgment, arguing they lacked knowledge of Uddin's protected activity and that Uddin did not suffer adverse employment actions. The court ultimately granted the defendants' motion for summary judgment, dismissing Uddin's complaint, finding he failed to establish a prima facie case of retaliation.

RetaliationEmployment DiscriminationSummary JudgmentTitle VIISection 1983New York State Executive LawNew York City Human Rights LawAdverse Employment ActionCausationProtected Activity
References
47
Case No. 2019 NY Slip Op 05365
Regular Panel Decision
Jul 03, 2019

Matter of Jones v. Human Resources Admin.

Claimant Laverne Jones appealed a Workers' Compensation Board decision denying her application for administrative review. Jones, a fraud investigator, had sustained work-related injuries and sought to amend her claim for additional consequential injuries, which a WCLJ disallowed. Her counsel's application for Board review was rejected for not being completely filled out, specifically missing information for question 13. The Appellate Division, Third Department, affirmed the Board's decision, ruling that the Board acted within its discretion by enforcing its procedural rules requiring complete applications, citing its broad regulatory powers under the Workers' Compensation Law.

Administrative Review DenialProcedural Non-ComplianceWorkers' Compensation ClaimAppellate Division Third DepartmentBoard Rules EnforcementApplication for Review (Form RB-89)Completeness DoctrineDiscretionary AuthorityWork Injury BenefitsConsequential Injury Claim
References
10
Case No. MISSING
Regular Panel Decision

North Shore University Hospital v. State Human Rights Appeal Board

This proceeding involved a review of an order from the State Human Rights Appeal Board, which affirmed a finding by the State Division of Human Rights that the petitioners had discriminated against complainant Essie Morris. The discrimination stemmed from the petitioners' failure to accommodate Morris's observance of the Sabbath and her subsequent employment termination, violating Executive Law § 296(10). The court found substantial evidence supporting the Division's finding that petitioners improperly placed the burden on Morris to find assignment swaps. It emphasized an employer's affirmative duty to reasonably accommodate religious beliefs. The petitioners also failed to demonstrate exemption from Executive Law § 296(10) under paragraphs (b) and (c). Consequently, the order was confirmed, and the petitioners' appeal was dismissed.

Religious DiscriminationSabbath ObservanceEmployment TerminationReasonable AccommodationExecutive Law § 296State Human Rights LawEmployer ResponsibilitySubstantial Evidence ReviewJudicial Review of Administrative OrderPetition Dismissal
References
3
Case No. MISSING
Regular Panel Decision

Gold-Greenberger v. Human Resources Administration

The petitioner, a candidate for a local school board, was denied access by the Human Resources Administration (HRA) to a homeless shelter to solicit signatures for his nominating petition. The Supreme Court, Kings County, initially granted the petitioner access, ruling that restricting signature solicitation while allowing voter registration would cause no additional disruption. However, the appellate court reversed this judgment, categorizing the homeless shelter as a 'nonpublic forum.' The court concluded that HRA's denial of access for political campaigning was a reasonable restriction, consistent with the shelter's purpose of providing temporary residential care and services, and protected the privacy interests of residents. The court noted that the petitioner could still campaign outside the shelter.

First AmendmentPublic ForumNonpublic ForumFreedom of SpeechHomeless ShelterPolitical CampaigningVoter RegistrationAccess RestrictionGovernment PropertyMootness Exception
References
18
Case No. MISSING
Regular Panel Decision

Rothstein v. Brezenoff

This CPLR article 78 proceeding seeks to challenge a determination by the Human Resources Administration (HRA) to dismiss petitioner Officer Rothstein for using excessive force. The incident involved Officer Rothstein jabbing a client, Floyd Hendricks, with a nightstick after being bitten during an altercation at the Waverly Income Maintenance Center. The hearing officer initially recommended dismissal of charges, but the HRA commissioner ultimately found Rothstein guilty and upheld the dismissal. The dissenting opinion argues that the commissioner's determination was not based on substantial evidence and that the penalty of dismissal for a single infraction, after seven years of unblemished service, was disproportionate.

CPLR Article 78Disciplinary HearingExcessive ForcePolice MisconductAdministrative ReviewHuman Resources AdministrationDismissal PenaltySubstantial EvidenceDisproportionate PunishmentDissenting Opinion
References
2
Case No. MISSING
Regular Panel Decision

Wong v. New York, Human Resources Administration

Plaintiff Ruth Wong sued the Human Resources Administration of the City of New York (HRA) and its commissioner, George Gross, alleging violations of the Fair Labor Standards Act (FLSA) for unpaid overtime and breach of an employment contract. Wong, a "houseparent" for HRA from 1983-1984, claimed she worked over forty hours weekly without proper compensation. The defendants moved for summary judgment, arguing exemption from FLSA overtime provisions under National League of Cities v. Usery and the preclusive effect of the 1985 FLSA Amendments. The court granted summary judgment for the defendants, finding that the FLSA Amendments preclude liability for pre-April 15, 1986 overtime violations for employees not covered by the Secretary of Labor's special enforcement policy, a category which did not include houseparents. Consequently, the court also dismissed the plaintiff's pendent state law contract claim.

FLSAOvertime PayState and Local Government EmployeesFair Labor Standards AmendmentsSummary JudgmentCollective Bargaining AgreementTraditional Governmental FunctionsPendent JurisdictionNew York City HRAHouseparent
References
14
Case No. MISSING
Regular Panel Decision

Donkor v. City of New York Human Resources Administration Special Services for Children

The Donkors, Ghanian nationals residing in Bronx, New York, filed a habeas corpus petition seeking custody of their two daughters, Andrea and Crystal, from HRA-SSC after the children were placed in foster care in April 1986. The petition alleged civil rights violations by HRA-SSC, Montefiore Medical Center, and specific individuals, claiming false accusations of child abuse based on cultural practices and fabricated medical findings. Defendants moved to dismiss the petition due to lack of subject matter jurisdiction and abstention, arguing the Donkors had not exhausted state remedies. The court dismissed the petition, ruling that federal habeas corpus relief does not extend to child custody matters not involving a state criminal justice system, and applied the Younger abstention doctrine, citing a pending state family court proceeding and New York State's compelling interest in child custody disputes.

Habeas CorpusChild CustodyParental RightsYounger AbstentionCivil RightsDue ProcessChild AbuseFamily Court JurisdictionState Remedies ExhaustionFederal Intervention
References
16
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
Case No. 05-CV-230
Regular Panel Decision

Levitant v. City of New York Human Resources Administration

Plaintiff Zinoviy Levitant sued the City of New York Human Resources Administration (NYCHRA) for retaliation under Title VII, initially winning a $250,000 jury award. Defendant moved for judgment as a matter of law, or a new trial/remittitur. The court granted judgment as a matter of law for the defendant, finding insufficient evidence for a materially adverse employment action or retaliatory motive in the denial of promotion. Additionally, the court conditionally granted a new trial due to the verdict being against the weight of evidence, excessive damages, and counsel misconduct.

RetaliationTitle VIIEmployment DiscriminationJudgment as a Matter of LawNew TrialRemittiturJury VerdictCompensatory DamagesHostile Work EnvironmentFailure to Promote
References
58
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