CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
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

In re Grace PP.

This case involves an appeal from a County Court order in Saratoga County. The order directed respondent, as attorney-in-fact for Grace PP. (an alleged incapacitated person, AIP), to pay counsel fees to the AIP's assigned counsel and to the petitioner's counsel. The petitioner, a licensed social worker, initiated a Mental Hygiene Law article 81 proceeding to appoint a guardian for Grace PP., who suffered from dementia and required nursing home placement. County Court appointed a temporary guardian and ordered the respondent to pay counsel fees. The respondent appealed, arguing the AIP was indigent due to Medicaid benefits. The appellate court found no error or abuse of discretion in the County Court's award of counsel fees and affirmed the order, noting the record lacked evidence of the AIP's indigence despite her Medicaid recipient status.

Counsel FeesIndigenceMedicaid BenefitsAttorney-in-factGuardian AppointmentIncapacitated PersonDementiaNursing Home PlacementAppellate ReviewSaratoga County
References
3
Case No. MISSING
Regular Panel Decision

Banton v. New York City Department of Corrections

Claimant's counsel filed a claim for workers' compensation benefits after the claimant was injured. Counsel sought a change of venue, citing a purported "Board Rule 10.01 (1) (c)" which the Workers’ Compensation Board found to be non-existent. The Workers’ Compensation Law Judge denied the request and assessed penalties against counsel under Workers’ Compensation Law § 114-a (3) (i) and (ii). On administrative appeal, the Board rescinded the penalty under § 114-a (3) (i) but increased the penalty under § 114-a (3) (ii) due to the appeal lacking reasonable basis. The court affirmed the Board's decision, noting that counsel had been previously warned about citing the inaccurate "Board Rule" and that clarification on venue application rules was available before the administrative appeal was filed.

Attorney MisconductVenue ChangeMonetary PenaltyWorkers' Compensation BoardAdministrative AppealSubstantial EvidenceLegal TreatiseProcedural MotionUnreasonable GroundsAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

Oi Tai Chan v. Society of Shaolin Temple, Inc.

In this vigorously contested action alleging fraud and breach of contract, the court addressed several motions. Defendant Shi's motion for summary judgment was denied due to unresolved factual disputes regarding the nature of significant monetary transfers from the plaintiff to a religious organization. The court granted the plaintiff's cross-motion to resume defendant Shi's deposition, sanctioning defense counsel Kenneth Jiang for repeatedly instructing his client not to answer questions in defiance of prior court directives. Additionally, the court denied Shi's cross-motion to disqualify plaintiff's counsel, citing a lack of necessary testimony, cumulative evidence, and the motion's untimely and potentially retaliatory nature. A special referee was appointed to supervise remaining discovery and settlement efforts.

Fraudulent InducementBreach of ContractDiscovery DisputeSummary Judgment MotionDeposition ObstructionAttorney SanctionsCounsel DisqualificationRules of Professional ConductAudio Recording AdmissibilityQueens County Court
References
68
Case No. 2019 NY Slip Op 05441 [174 AD3d 1295]
Regular Panel Decision
Jul 05, 2019

People v. Hymes

Defendant Justin Hymes appealed his conviction from Onondaga County Court for predatory sexual assault against a child and endangering the welfare of a child. His appeal raised several contentions, including the denial of his Antommarchi right during sidebar conferences, improper admission of uncharged crime evidence, failure to suppress his statements, and challenges to the sufficiency and weight of the evidence. Hymes also argued improper bolstering testimony regarding victim disclosures and ineffective assistance of counsel for failing to object to the lack of a limiting instruction. The Appellate Division, Fourth Department, affirmed the judgment, finding the Antommarchi right waived, the victim's testimony not Molineux evidence, his statements voluntary, and the evidence sufficient. The court further ruled that the victim's disclosures were admissible under prompt outcry or to explain the investigative process, and defense counsel provided meaningful representation, despite a dissenting opinion that argued for a new trial due to the lack of a limiting instruction and ineffective assistance of counsel.

Appellate ReviewCriminal LawSexual AssaultChild EndangermentJury SelectionAntommarchi RightMolineux EvidenceSuppression of StatementsEvidentiary IssuesIneffective Assistance of Counsel
References
41
Case No. MISSING
Regular Panel Decision

Paulsen v. All American School Bus Corp.

This case addresses a motion by James G. Paulsen, Regional Director of the NLRB, along with former NLRB members Sharon Block, Richard F. Griffin, Jr., and former acting general counsel Lafe E. Solomon, to dismiss a counterclaim and third-party complaint. The counterclaim was filed by respondent bus companies who challenged the legitimacy of NLRB actions, arguing that the Board lacked a lawful quorum due to allegedly unconstitutional recess appointments. The court examined whether it had subject matter jurisdiction under the Mandamus Act (28 U.S.C. § 1361) or Leedom v. Kyne. It concluded that judicial review for the General Counsel's prosecutorial functions is unavailable and that an adequate remedy for constitutional challenges exists through circuit court review of a final NLRB order. The court also reaffirmed that the NLRB's delegation of Section 10(j) powers to the General Counsel was valid, irrespective of quorum issues, based on prior delegations and Second Circuit precedent, and that the complaint's issuance was subsequently ratified. Therefore, the court granted the motion to dismiss the counterclaim and third-party complaint for lack of subject matter jurisdiction.

National Labor Relations ActPreliminary InjunctionSubject Matter JurisdictionRecess Appointments ClauseMandamus ActUnfair Labor PracticesDelegation of AuthorityNLRB QuorumJudicial ReviewFederal Jurisdiction
References
28
Case No. MISSING
Regular Panel Decision

People v. Young

An attorney representing an indigent defendant in Monroe County filed an application seeking reimbursement for legal services at a rate of $200 per hour, mirroring the rate charged by the Special Prosecutor, rather than the statutory rates under County Law § 722-b. The attorney argued that the significant disparity in hourly compensation violated the defendant's right to equal protection and that his qualifications justified the requested rate. The New York State Association of Criminal Defense Lawyers supported the application as amicus curiae, while Monroe County opposed it, arguing the request was untimely and lacked extraordinary circumstances. Presiding Judge Donald J. Mark, J., acknowledged the court's authority to grant compensation in excess of statutory limits under extraordinary circumstances but ultimately denied the application. The denial was based on the court's reasoning that an analogous argument was previously rejected, that linking assigned counsel rates to prosecutor rates would render County Law § 722-b ineffective, and that extraordinary circumstances could not be demonstrated prior to the conclusion of the criminal action. The court, however, reserved the right to reconsider an increased hourly fee upon the case's termination if such circumstances are then proven.

Assigned CounselLegal Aid CompensationCounty Law Section 722-bHourly Rate DisputeSpecial Prosecutor FeesIndigent RightsJudicial DiscretionExtraordinary CircumstancesMonroe County LawEqual Protection Challenge
References
16
Showing 1-10 of 7,472 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational