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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

Wallace v. Teal

This proceeding addresses the custody of Anne Wallace, an out-of-wedlock child of petitioner John Wallace and respondent Karen Teal. The court confirmed John Wallace's paternity and reviewed the circumstances of both parents, including neglect proceedings initiated against the mother and the child's placement in foster care. Acknowledging the father's consistent interest and ability to provide a stable environment, the court departed from the traditional 'natural mother's prima facie right' standard. Citing recent Supreme Court and New York Court of Appeals precedents that challenge gender-based distinctions in parental rights, the court applied the 'best interests of the child' standard and awarded custody to the petitioner father, while granting the respondent mother liberal visitation rights.

Child CustodyPaternityOut-of-Wedlock ChildBest Interests of the ChildFamily LawDue ProcessEqual ProtectionGender DiscriminationVisitation RightsNeglect Proceedings
References
12
Case No. MISSING
Regular Panel Decision

Johns v. AMC Beauty Salon

Petitioner Angelo Johns claimed an unapproved sublease from AMC Beauty Salon for psychic office space at 465 Lexington Avenue, New York. AMC surrendered the entire premises to Sol Goldman Investments, LLC (SGI) on June 2, 2010, representing no other occupants were present. Johns, who paid cash rent to AMC and avoided SGI detection, returned from vacation to find the premises locked. The court found Johns's testimony not fully credible regarding his regular presence and SGI's knowledge of the sublease. SGI credibly testified they were unaware of the sublease and saw no evidence of Johns's occupancy during a walk-through. Concluding Johns purposely hid his occupancy and SGI had no knowledge of it, the court dismissed the petition.

Landlord-TenantSubleaseVoluntary SurrenderOccupancy RightsUnapproved SubleaseCommercial LeasePsychic BusinessEvictionNew York LawCredibility Findings
References
5
Case No. MISSING
Regular Panel Decision

In re John Lack Associates, LLC

John Lack Associates, LLC, an agency placing waiters and bartenders, was audited by the Department of Labor, which determined these workers were employees, making John Lack liable for unemployment insurance contributions. This determination was upheld by an Administrative Law Judge and the Unemployment Insurance Appeals Board. On appeal, the court reversed the Board's decision, finding insufficient evidence of John Lack's control over the workers. The court noted that workers could refuse jobs, often worked for other agencies, provided their own equipment, and were supervised and directed by the client at events, who also paid their remuneration through John Lack. The case was remitted to the Board for further proceedings.

Employer-employee relationshipIndependent contractorUnemployment insurance contributionsAgency controlRight to controlRemittedAppellate reviewSubstantial evidenceUnemployment Insurance Appeal BoardLabor Law
References
5
Case No. MISSING
Regular Panel Decision
Jan 26, 2006

In re John T.

Holliswood Care Center appealed an order awarding attorneys' fees against it in a guardianship proceeding for John T. The Supreme Court had initially found John T. competent but awarded fees to the petitioner, temporary guardian, and Mental Hygiene Legal Service, citing Holliswood's "reprehensible actions" in detaining Mr. T. Holliswood argued it was not given notice that the guardianship hearing would determine attorney's fees against it and was not afforded an opportunity to present evidence regarding its actions, which it claimed were based on safety concerns, not Mr. T.'s competency. The appellate court reversed the order, holding that the Supreme Court improperly proceeded with the hearing and improvidently awarded attorneys' fees without proper notice and opportunity to be heard for Holliswood. Furthermore, the court found that the award of attorneys' fees against Holliswood was not authorized by Mental Hygiene Law article 81 nor justified under common law exceptions.

GuardianshipAttorneys' FeesMental Hygiene LawIncapacitated PersonAppellate ProcedureDue ProcessNotice RequirementNursing Home DetentionElderly CareCompetency Evaluation
References
17
Case No. 528676
Regular Panel Decision
Apr 23, 2020

Matter of Wallace v. Don Sebastiani & Sons

The case involves an appeal from a Workers' Compensation Board decision denying Jerome T. Wallace's claim for reduced earnings benefits. Wallace, who suffered a lower back injury in 2011, subsequently left his full-time job as a regional sales manager in March 2017 after an orthopedic surgeon imposed work restrictions based on his subjective complaints of increased pain. He then worked part-time as an independent contractor for less compensation. Although a Workers' Compensation Law Judge initially awarded benefits, the Board rescinded them, finding Wallace's reduced earnings not causally related to his disability. The Appellate Division affirmed the Board's decision, deferring to its finding that Wallace's testimony regarding increased pain was incredible given the lack of objective medical evidence to support new work restrictions, thereby failing to establish a causal link between his disability and reduced earnings.

Workers' CompensationReduced EarningsPermanent Partial DisabilityLumbar Spinal StenosisDegenerative Disc DiseaseWork RestrictionsCausal RelationCredibilityObjective Medical EvidenceAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Brian v. Johns

Petitioner Carol Brian initiated an action against respondent Frank T. Johns to establish paternity for her child, Sara, born March 4, 1973, and to secure child support. A court-ordered blood grouping test, conducted at the respondent's expense following an order on January 2, 1974, excluded Mr. Johns as the father. Unsatisfied with these results, the petitioner requested a second blood test, but the court denied this motion after reconsideration, citing respondent's opposition and the lack of statutory authority in Section 532 of the Family Court Act for ordering a second test over objection. The court ruled that the trial should proceed, requiring the respondent to present the performing doctor as a witness to explain the test's basis and procedure, allowing the petitioner to question its accuracy. The decision acknowledged a potential margin of error in such tests and affirmed the petitioner's opportunity to rebut the blood test evidence, as it is not the sole determinant of paternity.

paternityblood testFamily Court Actevidencetrialmotion deniedchild supportmedical examination accuracyserologyhemotology
References
2
Case No. MISSING
Regular Panel Decision

United States v. Johns-Manville Corp. (In Re Johns-Manville Corp.)

This case involves motions by the United States Environmental Protection Agency (EPA) and Boston and Maine Corporation (B&M) for mandatory withdrawal of reference from the Bankruptcy Court. The plaintiffs sought rulings that their claims against Johns-Manville Corporation, related to asbestos waste cleanup costs under CERCLA, were not barred by the automatic bankruptcy stay. The District Court examined whether the resolution of these adversary proceedings required substantial and material consideration of both the Bankruptcy Code (Title 11) and other federal laws, specifically CERCLA. Finding that significant interpretation of both federal statutes was necessary to determine when the claims arose and their interaction with the automatic stay, the court granted the motions.

BankruptcyWithdrawal of ReferenceCERCLAAutomatic StayEnvironmental LawFederal JurisdictionStatutory InterpretationContributionIndemnificationDeclaratory Judgment
References
11
Case No. ADJ3093533 (MON 259690) ADJ676332 (MON 257523)
Regular
May 15, 2009

PEARLENE POWELL vs. SO. CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE MEDICAL CARE PROGRAM; ST. JOHN'S HEALTH CENTER, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board denied Kaiser's petition for reconsideration, upholding the finding that the applicant's permanent disability was 100% and not subject to apportionment to St. John's employment. St. John's petition for reconsideration was granted in part to correct a procedural error. The Board amended the prior decision to reinstate the applicant's January 11, 2005 Amended Findings, Award and Order, confirming the prior findings.

ApportionmentAgreed Medical ExaminerSubstantial EvidencePermanent DisabilityReconsiderationPetitionFindings and OrderAmended FindingsAwardOrder
References
1
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. No. 38
Regular Panel Decision
Jun 11, 2019

The People v. John Giuca

John Giuca was convicted of second-degree murder, first-degree robbery, and second-degree criminal weapon possession. His appeal, based on a CPL 440.10 motion, alleged Brady violations and prosecutorial misconduct concerning a jailhouse informant (JA). Giuca claimed the prosecution failed to disclose impeachment material related to JA's pending burglary case, drug treatment violations, and the prosecutor's involvement in JA's court appearances. The Court of Appeals reversed the Appellate Division, reinstating the Supreme Court's denial of Giuca's motion. The Court found no reasonable possibility that the undisclosed evidence would have altered the verdict, citing extensive impeachment material already available and strong evidence of guilt.

Murder convictionBrady violationImpeachment evidenceJailhouse informantProsecutorial misconductDue processCriminal procedureCPL 440.10 motionMaterialityTacit agreement
References
33
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