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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Prevost v. New York State Department of Social Services

The petitioners, maternal grandparents, initiated a CPLR article 78 proceeding to challenge a determination by the State Commissioner of Social Services and the Warren County Department of Social Services. They sought to expunge a report from the State Central Register indicating inadequate guardianship concerning their grandson, Justin. Justin had been placed in foster care, and concerns arose about his behavior after monthly visits with the petitioners, prompting a psychiatrist to recommend discontinuing overnight visits. The psychiatric report detailed Justin's anger towards his grandmother and later allegations of diapering. Despite the petitioners' denials and claims of bias, the agency's decision to indicate inadequate guardianship was upheld after administrative review and a fair hearing. The court ultimately confirmed the determination, citing substantial evidence based on Justin's consistent accounts.

Child protective servicesInadequate guardianshipFoster careAdoption eligibilityCPLR article 78 proceedingAdministrative reviewExpungement of reportHearsay evidenceCredibility determinationSocial Services Law
References
3
Case No. MISSING
Regular Panel Decision

Guarneri v. West

Plaintiff Joseph Paul Guarneri, proceeding pro se, sued employees of Elmira Correctional Facility and Attica Correctional Facility, alleging cruel and unusual punishment and denial of equal protection under the Eighth and Fourteenth Amendments. Plaintiff claimed inadequate ventilation, heating, and toilet repairs, insufficient showers, and denial of handicap-accessible showers at Elmira. At Attica, he alleged inadequate medical/mental health care, an unnecessarily rough pat search, denied law library access, and refusal to attend religious services. Defendants moved for summary judgment. The court granted the motion, dismissing claims regarding prison conditions for lack of sufficiently serious deprivation, medical needs due to adequate treatment, denial of court access for lack of actual injury, and excessive force due to failure to serve the correct officer and an expired statute of limitations. Religious freedom claims and other claims were dismissed for failure to exhaust administrative remedies.

Eighth AmendmentFourteenth AmendmentPro Se PlaintiffSummary JudgmentPrison ConditionsMedical CareMental Health CareAccess to CourtsExcessive ForceReligious Freedom
References
27
Case No. MISSING
Regular Panel Decision
Feb 13, 1997

Ciancio v. Woodlawn Cemetery Ass'n

A plaintiff, employed as a burial vault installer, sustained injuries after falling into an open grave at Woodlawn Cemetery when a mourner made contact with him. The plaintiff initiated legal action against Woodlawn Cemetery, the property owner, and an unnamed funeral home, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), as well as common-law negligence for inadequate crowd control. Woodlawn Cemetery subsequently filed a third-party action against the plaintiff's employer, Westchester Vault Company, seeking indemnification. The Supreme Court denied the motions for summary judgment filed by the defendants and third-party defendant, citing the presence of triable issues of fact concerning both the statutory Labor Law claims and common-law negligence. This decision was appealed by both Woodlawn and Westchester Vault Company, but the appellate court unanimously affirmed the denial of summary judgment.

Labor LawWorker SafetySummary JudgmentAppellate ReviewPremises LiabilityThird-Party ActionIndemnificationWorkplace AccidentCrowd ControlStatutory Violation
References
19
Case No. MISSING
Regular Panel Decision

Northeastern Stud Welding Corp. v. Webster

A New York corporation, previously certified as a woman-owned business enterprise, was denied recertification in 1992, leading to a CPLR article 78 proceeding challenging the determination. The court rejected claims of inadequate explanation and procedural irregularities, finding the Hearing Officer's rationale, adopted by the Executive Director, provided sufficient basis for judicial review, and the hearing procedures were within discretion. Substantial evidence supported the denial of recertification, as control over petitioner's daily operations, including critical decisions on bidding, marketing, sales, purchasing, hiring, and field supervision, was shared between the sole shareholder Jean Zelezniak, her husband, and another employee. This shared control, coupled with Zelezniak's lack of expertise and the company's formation structure, led to the conclusion that the business was family-owned and not independently controlled by Zelezniak as required by regulations for woman-owned business enterprise status. Consequently, the determination to deny recertification was confirmed, and the petition was dismissed.

Woman-owned business enterpriseRecertification denialCPLR Article 78Administrative reviewBusiness controlShareholder controlFamily-owned businessProcedural due processJudicial reviewExecutive Law
References
4
Case No. MISSING
Regular Panel Decision
Dec 11, 2002

Claim of Speer v. Wackenhut Corp.

The claimant sought workers' compensation benefits for mental depression, alleging it resulted from being removed from a security guard position by their employer. The Workers' Compensation Board initially ruled the injury non-compensable under Workers' Compensation Law § 2 (7), deeming it a direct consequence of lawful personnel decisions. The claimant subsequently filed applications for full Board review and reconsideration, both of which were denied by the Board. This appeal concerns the denials of those applications. The court dismissed the appeal from the May 1, 2002 denial as untimely and affirmed the December 11, 2002 denial, finding that the Board did not abuse its discretion by not requiring transcription of oral arguments before rendering its decision.

Workers' CompensationMental DepressionStress-related InjuryPersonnel DecisionsReconsideration DenialFull Board ReviewAppellate ProcedureTimeliness of AppealOral Argument TranscriptionAdministrative Discretion
References
3
Case No. MISSING
Regular Panel Decision

Bush v. Mechanicville Warehouse Corp.

This case involves an appeal from the denial of a third-party defendant's (Yankee One Dollar Stores, Inc.) motions for summary judgment against a defendant (Mechanicville Warehouse Corp.). The plaintiff, Bush, was injured at work and sued Mechanicville, who then brought a third-party action against Yankee for indemnification. Yankee argued that plaintiff did not sustain a 'grave injury' under Workers’ Compensation Law § 11 and that there was no written contractual indemnification agreement. The appellate court affirmed the denial of summary judgment regarding the 'grave injury' claim, finding sufficient evidence of permanent total disability due to a traumatic brain injury. However, the court reversed the denial of summary judgment for contractual indemnification, ruling that Workers’ Compensation Law § 11 requires an *express written contract* of indemnification from the employer, which was not present between Yankee and Mechanicville.

Summary JudgmentThird-Party ActionWorkers' Compensation Law § 11Grave InjuryContractual IndemnificationBrain InjuryPermanent Total DisabilityHoldover TenantExpress AgreementAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Kosakow v. New Rochelle Radiology Associates, P.C.

Nancy Kosakow sued her former employer, New Rochelle Radiology Associates, alleging FMLA violations and wrongful denial of severance pay under ERISA. The court previously found FMLA claims collaterally estopped but remanded the ERISA claim to the Plan Administrator for a determination on severance eligibility. The Administrator denied severance, finding Kosakow not "terminated" and, even if so, not entitled to severance. This court reversed the "not terminated" finding, stating Kosakow was terminated due to a reduction in force. However, the court affirmed the Administrator's denial of severance, concluding that the "where applicable" clause in the Plan gave the Administrator broad discretion and that Kosakow's circumstances did not warrant severance. The court found that the denial was not unreasonable, even when considering a severance payment made to another full-time employee under different circumstances.

ERISASeverance PayFMLATerminationSummary JudgmentDe Novo ReviewPlan Administrator DiscretionEmployee BenefitsReduction in ForcePolicy Manual
References
8
Case No. MISSING
Regular Panel Decision
Jun 25, 1997

Job v. 1133 Building Corp.

The plaintiff appealed the denial of his motion for partial summary judgment on liability under Labor Law § 240 (1) after sustaining injuries from a fall while dismantling a scaffold at a building owned by 1133 Building Corp. The defendant, 1133 Building Corp., and third-party defendants, Big Apple Wrecking and HRH Construction Corporation, opposed the motion. An affidavit from the plaintiff's foreman alleged that a safety belt was provided and the plaintiff was instructed to use it. The Supreme Court denied the motion, finding a triable issue of fact regarding whether the plaintiff was a 'recalcitrant worker.' The appellate court affirmed this denial, citing conflicting evidence on the availability and use of safety devices.

Personal InjuryLabor LawScaffold AccidentSummary JudgmentRecalcitrant WorkerSafety DevicesAppellate ReviewPremises LiabilityConstruction SiteThird-Party Action
References
5
Case No. MISSING
Regular Panel Decision

Claim of Snarski v. New Jersey Manufacturers Insurance Group

The Workers' Compensation Board denied an application by New Jersey Manufacturers Insurance Group for reconsideration of a prior decision finding it liable as the workers' compensation carrier for a claimant's back injury. The claimant, an equipment operator, sustained the injury in October 2000 in Sullivan County, New York, while working for a New Jersey corporation. Initially, the carrier controverted the New York claim, asserting its policy only covered jobs in New Jersey. However, a Workers’ Compensation Law Judge and the Board found the policy vague and ruled the carrier liable. The carrier appealed the Board's denial of reconsideration, but not the underlying liability decision. The court affirmed the Board's denial, finding it was not arbitrary or capricious, and the carrier presented no new evidence to warrant a change.

Workers' Compensation LawInsurance CoverageAppellate ReviewBoard DecisionReconsideration DenialArbitrary and Capricious StandardAbuse of DiscretionPolicy InterpretationJurisdictionBack Injury
References
4
Case No. MISSING
Regular Panel Decision

Ribya BB. v. Wing

Petitioner initiated a CPLR article 78 proceeding to challenge the denial of her request to expunge her name from the State Central Register of Child Abuse and Maltreatment. An indicated report of child maltreatment was filed after she allegedly left her severely disabled and autistic child unsupervised on three occasions in November 1994. Despite her claim that a cousin was watching the child, an administrative review and subsequent hearing found 'some credible evidence as well as a fair preponderance' of evidence supporting maltreatment, leading to the denial of her expungement request. The Appellate Division confirmed the respondent's determination, citing substantial evidence including admissible double hearsay and inconsistencies in testimony, and dismissed the petition.

Child MaltreatmentExpungementState Central RegisterChild AbuseAdministrative LawJudicial ReviewSubstantial EvidenceHearsay AdmissibilityCredibility AssessmentParental Responsibility
References
11
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