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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
Jan 23, 2008

Finkel v. Omega Communication Services, Inc.

Plaintiff Gerald Finkel, Chairman of the Joint Industry Board of the Electrical Industry, sued Omega Communication Services, Inc. for delinquent contributions to employee benefit plans under ERISA and LMRA. Omega failed to appear, leading to a default judgment motion. Magistrate Judge Azrack recommended granting default judgment, awarding $122,846.59 to the plaintiff, including unpaid contributions, interest, liquidated damages, and attorneys' fees and costs. District Judge John Gleeson adopted this Report and Recommendation, directing the clerk to enter judgment in accordance with the recommendation. The case details calculations for various benefit plans and addresses the reasonableness of attorney fees and costs.

ERISALMRADefault JudgmentDelinquent ContributionsEmployee BenefitsMulti-employer PlanAttorneys FeesLiquidated DamagesPrejudgment InterestCollective Bargaining Agreement
References
19
Case No. MISSING
Regular Panel Decision
Apr 14, 1988

Levitt v. Civil Service Commission

The City of New York appealed a Supreme Court judgment that affirmed the Civil Service Commission's decision to reject the reclassification of the deckhand position from the competitive to the noncompetitive civil service class. Petitioners argued that the Commission applied an overly strict standard, acted inconsistently with Title VII of the Civil Rights Act and the NY Constitution, based its decision solely on a presumption despite expert opinions, and failed to adequately state its reasoning. The Appellate Division found that the Commission properly used the term "compelling" to reflect the constitutional preference for competitive examinations and that its decision, while brief, allowed for judicial review. Citing the public safety roles of deckhands, similar to police and firefighters, the court concluded that competitive examinations are feasible and petitioners failed to demonstrate an impediment to compliance with job-relatedness requirements.

Civil Service LawJob ReclassificationCompetitive ExaminationNoncompetitive ClassPublic SafetyDeckhand PositionAppellate ReviewCivil Rights Act Title VIINew York ConstitutionArbitrary Determination
References
5
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. ADJ18189986
Regular
Aug 15, 2025

ESMERALDA SANCHEZ vs. KELLERMEYER BERGENSONS SERVICES, LLC; CONSTITUTION STATE SERVICES; ZURICH AMERICAN INSURANCE COMPANY

Applicant Esmeralda Sanchez claimed industrial injury to multiple body parts while employed as a janitor for Kellermeyer Bergensons Services, LLC. The WCJ initially found the lien claimant, Spectrum Medical Group, failed to prove injury AOE/COE, awarding only $1,000 for a specific service date and excluding Dr. Nia's medical-legal report due to non-compliance with Labor Code § 4628. Both the defendant (Kellermeyer Bergensons Services, LLC, Constitution State Services, Zurich American Insurance Company) and the lien claimant petitioned for reconsideration, citing errors in the WCJ's findings regarding admissible evidence and the need for further record development. The Workers' Compensation Appeals Board granted both petitions, deferring a final decision to allow for further review of the merits and the entire record in light of applicable statutory and decisional law.

WCABPetition for ReconsiderationLien ClaimantAOE/COELabor Code § 4628Medical Legal ReportSubstantial EvidenceAdmissibilityIndustrial InjurySpectrum Medical Group
References
21
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. ADJ1182220 (WCK 0044768) ADJ144318 (WCK 0044769)
Regular
Feb 27, 2009

RICHARD CRUZ vs. AMERICAN PROTECTIVE SERVICES INC., CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an award to Richard Cruz. The Board adopted the findings of the Administrative Law Judge (WCJ) who found that the applicant sustained a specific industrial spinal injury on December 16, 1997, and a cumulative trauma spinal injury through January 28, 1998, while employed by American Protective Services. The WCJ found the applicant credible and relied on the opinions of two medical evaluators, Dr. Brose and Dr. Lavorgna, who ultimately supported the finding of industrial injuries. The Board gave great weight to the WCJ's credibility determination and incorporated the WCJ's report, denying the defendant's petition.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ ReportCredibility FindingIndustrial InjurySpecific InjuryCumulative TraumaSpine InjurySecurity GuardAgreed Medical Evaluator
References
1
Case No. MISSING
Regular Panel Decision

Board of Education of Yonkers City School District v. Yonkers Municipal Civil Service Commission

The Board of Education of the Yonkers City School District initiated a CPLR article 78 proceeding to review the Yonkers Municipal Civil Service Commission's determination. The Commission had reinstated Michael DeMuro, a custodial worker, after charges of incompetence and misconduct. This case is a further review following a prior remittal where the Commission violated Civil Service Law § 76 (2) by considering external evidence. The Supreme Court, Westchester County, annulled the Commission's latest determination and transferred the case. This Court (Appellate Division) found the transfer improper as the 'substantial evidence' standard was not applicable. The Court annulled the Commission's determination, vacated the Supreme Court's judgment, denied the cross-petition, and remitted the matter to the Commission for a third determination in strict compliance with Civil Service Law § 76.

Civil Service LawCPLR Article 78Administrative LawJudicial ReviewDue ProcessRemittalAnnulmentDisciplinary ProceedingCustodial WorkerIncompetence
References
3
Case No. MISSING
Regular Panel Decision

Scott Wetzel Services, Inc. v. New York State Board of Industrial Appeals

The case involves a CPLR article 78 proceeding initiated by a nationwide company, which administers workers’ compensation and general liability claims, against the State Board of Industrial Appeals. The company challenged a Department of Labor determination, later modified by the Board, that its claims examiners were not exempt from Fair Labor Standards Act (FLSA) overtime pay requirements. The core issue was whether the examiners qualified for an administrative capacity exemption under FLSA. Applying the "short test" and the "production/administrative dichotomy," the court concluded that the examiners were "production workers" as their primary duty was to produce the services the employer offered. Consequently, the court found substantial evidence to support the Board's determination, confirmed the Board's decision, and dismissed the petition.

Overtime PayFLSA ExemptionAdministrative CapacityClaims ExaminersLabor Law ViolationCPLR Article 78Production WorkersState Board of Industrial AppealsWage and Hour DisputesDiscretion and Independent Judgment
References
10
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
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