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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
Apr 03, 2006

Lawrence Teachers Ass'n v. Lawrence Public Schools

This case concerns an appeal by the Lawrence Teachers Association (petitioner) challenging the denial of their petition to confirm an arbitration award. The arbitration award mandated Lawrence Public Schools (respondent) to designate members of the petitioner’s bargaining unit to provide special education services outside the school district's geographical boundaries. The Supreme Court, Nassau County, denied the petition, concluding the award was unenforceable. The appellate court affirmed this decision, ruling that the arbitration award violated public policy as it contravened Education Law former § 3602-c (2). This statute required the school district to contract with the school district where the nonpublic school attended by the pupil was located for such services. The court emphasized that an arbitrator's award cannot stand if it is contrary to well-defined statutory law and public policy.

Arbitration AwardPublic PolicyEducation LawSpecial Education ServicesCollective BargainingStipulationStatutory ViolationAppellate ReviewSchool District ObligationsLabor Dispute
References
4
Case No. 2015-1244 N CR NO.
Regular Panel Decision
Sep 14, 2017

People v. Lawrence (Derek)

Derek Lawrence appealed his conviction for sexual abuse in the third degree, stemming from two incidents involving a co-worker. He argued ineffective assistance of counsel, claiming his lawyer failed to present evidence of office dysfunction and an EEOC complaint against the victim. The Appellate Term, Second Department, affirmed the conviction, finding that counsel provided meaningful representation by employing a strategy to impeach the victim's credibility and securing acquittals on three of the four initial charges. The court also deemed the sentence of 90 days incarceration and a $500 fine appropriate, citing Lawrence's prior assault conviction.

Sexual AbuseIneffective Assistance of CounselAppellate ReviewCredibilityTrial StrategySentencingAssaultNonjury TrialProsecutor's InformationSandoval Hearing
References
12
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
1
Case No. MISSING
Regular Panel Decision

La Belle v. County of St. Lawrence

This case involves three consolidated actions arising from the temporary removal of two minor children, Randy and Jodi La Belle, by St. Lawrence County Department of Social Services and Massena police officers while their parents, Albert and Joyce La Belle, were on vacation. The parents (Action No. 1) sued for intentional infliction of emotional distress and civil rights violations (42 U.S.C. § 1983). The children (Action Nos. 2 and 3) brought claims for false arrest, false imprisonment, and civil rights violations. This appeal reviews the denial of defendants' motions to dismiss the complaints by the Supreme Court at Special Term. The appellate court modified the order, dismissing the parents' entire action, certain civil rights claims against the County of St. Lawrence and the Village of Massena, and all punitive damages claims against municipalities and for State law claims in Action Nos. 2 and 3. The infant plaintiffs were left with causes of action for false arrest, false imprisonment, and section 1983 claims against the Department of Social Services and individual defendants, with punitive damages claims remaining only against individual defendants for the section 1983 causes of action.

Child ProtectionCivil Rights ViolationFalse ArrestFalse ImprisonmentIntentional Infliction of Emotional DistressGovernment ImmunityPunitive DamagesMunicipal LiabilityRespondeat SuperiorAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

In re Lawrence Children

This consolidated opinion addresses a motion brought by minor parents, Barbara Allen and Gail Lawrence, who are respondents in separate neglect proceedings initiated by the Administration for Children’s Services (ACS). The parents, who are or recently were in foster care, argue that ACS has a conflict of interest in prosecuting neglect cases against individuals for whom it also serves as parens patriae. They sought an order to relieve ACS as petitioner and appoint a special prosecutor. The court, presided over by Daniel Turbow, J., denied the motion, concluding that no legal basis exists for the requested relief, as any alleged conflict is inherent in ACS’s statutory obligations. However, the court urged ACS to consider the age of minor parents in such cases and suggested utilizing Social Services Law § 398 to assume care of destitute children without necessarily imposing a neglect finding, emphasizing that minors should not be held to the same standard of care as adults.

Child NeglectFoster CareMinor ParentsConflict of InterestSpecial ProsecutorFamily Court Act Article 10Social Services LawParens PatriaeLaw GuardianStandard of Care for Minors
References
25
Case No. MISSING
Regular Panel Decision

Claim of Robinson v. Lawrence Nursing Home

The decedent, a pot washer for Lawrence Nursing Home, was found stabbed to death on the employer's premises during his work shift. The Workers’ Compensation Board initially disallowed the claim for death benefits, concluding the death resulted from a personal act unrelated to his work activities, thereby overcoming the Section 21 presumption that an accident in the course of employment arose out of employment. The claimant appealed this decision, arguing that the evidence used by the board to overcome the presumption was uncorroborated hearsay. However, the appellate court affirmed the board's decision, asserting that the weight of the hearsay testimony and the reasonable inferences drawn from the circumstances were within the board's fact-finding province, providing substantial evidence for the disallowance. Consequently, the Board's disallowance of death benefits was upheld.

Workers' CompensationDeath BenefitsCourse of EmploymentArising out of EmploymentPresumption of CompensabilityHearsay EvidenceSubstantial EvidencePersonal ActEmployer PremisesManslaughter
References
1
Case No. MISSING
Regular Panel Decision
May 10, 2002

Besaw v. St. Lawrence County Ass'n for Retarded Children

Plaintiff Jeannie M. Besaw, a participant in a sheltered workshop program sponsored by defendant St. Lawrence County Association for Retarded Children (ARC), was severely injured in a motor vehicle accident while being transported in an ARC van. She and her mother commenced an action against ARC and the driver, alleging negligence. Defendants moved for summary judgment, arguing that plaintiff had an employment relationship with ARC and her claim was barred by workers' compensation exclusivity. The Supreme Court stayed the action pending a determination by the Workers' Compensation Board. The Appellate Division affirmed the stay, noting that questions of fact regarding employment status and scope are within the Board's primary jurisdiction. Subsequently, the Board ruled that plaintiff was not an ARC employee and disallowed her workers' compensation claim, which collaterally estopped defendants from relitigating those issues.

Sheltered Workshop ProgramWorkers' Compensation ExclusivityMotor Vehicle AccidentScope of EmploymentPrimary JurisdictionCollateral EstoppelMental Hygiene LawWorkers' Compensation BoardNegligenceAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Frank v. Lawrence Union Free School District

Michael D. Frank, a former junior high school mathematics teacher, sued the Lawrence Union Free School District and related entities for discrimination and retaliation after being denied tenure and subsequently fired. Frank alleged discrimination based on perceived disability (morbid obesity) under the ADA, Rehabilitation Act, and NYSHRL, and also claimed retaliation for complaining about discrimination. The court denied the defendants' summary judgment motion on Frank's ADA and Rehabilitation Act claims concerning being "regarded as" disabled, and on his NYSHRL claims for both disability discrimination and "regarded as" disabled. Additionally, retaliation claims related to a harsh performance review survived. However, Frank's claims for failure to provide reasonable accommodation were dismissed as he never requested any.

Disability DiscriminationRetaliation ClaimAmericans with Disabilities Act (ADA)Rehabilitation ActNew York State Human Rights Law (NYSHRL)Summary Judgment MotionPerceived DisabilityObesity DiscriminationEmployment DiscriminationTenure Denial
References
40
Case No. MISSING
Regular Panel Decision
May 25, 1995

Lawrence v. Finch Pruyn & Co., Inc.

Clinton Lawrence, an industrial cleaner, sued Finch Pruyn & Company, Inc., for injuries sustained while hydroblasting a fan at Finch Pruyn's paper mill, alleging violations of Labor Law §§ 200, 240, and 241, and common law negligence and nuisance. Finch Pruyn, in turn, brought a third-party action against Lawrence's employer, Allwaste Environmental Services/North Atlantic, Inc. Both Lawrence and Finch Pruyn moved for summary judgment. The court granted Finch Pruyn's motion in part, dismissing Lawrence's claims under Labor Law § 240(1) and nuisance, but denied dismissal of claims under Labor Law § 200, § 241(6), and common law negligence. Lawrence's motion for partial summary judgment on Labor Law § 240(1) liability was denied.

Summary JudgmentLabor LawWorkplace SafetyNegligenceHydroblastingFalling ObjectElevation RiskIndustrial AccidentOwner LiabilityContractor Liability
References
19
Case No. MISSING
Regular Panel Decision
Jan 02, 1990

Kathleen G. v. St. Lawrence County Department of Social Services

The petitioner appealed an order from the Surrogate’s Court of St. Lawrence County which dismissed her application to vacate the surrender of her infant daughter, Elizabeth, for adoption to the respondent. Elizabeth had previously been in foster care and returned to the petitioner. The petitioner subsequently signed a surrender document in December 1988, allegedly after discussions with her caseworker and an adoption worker, and after it was read and explained to her by the adoption worker and acknowledged by the Surrogate. Petitioner later sought to vacate the surrender, alleging she was misled and coerced, particularly concerning visitation rights. The Surrogate's Court dismissed her petition, finding her testimony unbelievable and crediting the respondent's witnesses who testified that the surrender was fully discussed, voluntary, and without conditions on visitation. The appellate court affirmed the decision, deferring to the Surrogate's Court's factual findings regarding witness credibility and the voluntary nature of the surrender. Additionally, the court declined to review the constitutional question raised by the petitioner, as it was not litigated in the Surrogate's Court and the Attorney-General was not provided with notice.

AdoptionChild SurrenderVacate OrderParental RightsCoercionFraudVisitation RightsSurrogate's CourtAppellate ReviewWitness Credibility
References
8
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