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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. MISSING
Regular Panel Decision

In re Sanctioning of Richard N.

This opinion addresses the appropriate sanction for juror Richard N. who intentionally abandoned a summary jury trial and misled the court about his whereabouts, falsely claiming a 'neurological emergency'. Presided over by Justice Martin E. Ritholtz in Queens County, the court initiated a special proceeding to penalize Richard N. for his misconduct. While civil or criminal contempt charges were considered, the court ultimately utilized its inherent powers to impose a less severe sanction. Richard N. confessed and apologized for his deceptive behavior. The court ordered him to pay a $250 fine and determined that his jury service would not be credited, leaving him eligible for future jury duty.

Juror MisconductContempt of CourtSpecial ProceedingJudicial SanctionInherent Powers of CourtJury Duty AbandonmentDeceptive ConductDue ProcessRight to CounselCivil Contempt
References
38
Case No. MISSING
Regular Panel Decision

United States v. a & N Cleaners & Launderers, Inc.

The United States filed a complaint under CERCLA against A & N Cleaners & Launderers, Inc., and Marine Midland Bank, N.A., for costs incurred to clean up toxic chemicals. Marine Midland Bank, N.A. subsequently filed a third-party claim against its insurers, including Utica Mutual Insurance Company, seeking indemnification. Utica moved to dismiss this third-party claim for lack of subject matter jurisdiction, citing the Finley v. United States decision. The court, presided over by Judge Sweet, denied Utica's motion, finding that the claim fell within the court’s pendent party jurisdiction. The decision concluded that CERCLA's jurisdictional grant does not implicitly negate pendent party jurisdiction and that discretionary factors favored hearing all claims together for judicial economy, convenience, and fairness.

Pendent Party JurisdictionSubject Matter JurisdictionCERCLAThird-Party ClaimIndemnificationInsurance LawFederal JurisdictionDistrict CourtRule 12(b)(1) MotionCivil Procedure
References
19
Case No. MISSING
Regular Panel Decision

M.T. ex rel. N.M. v. New York City Department of Education

The plaintiff, M.T., on behalf of her son N.M., challenged the State Review Officer's (SRO) decision denying tuition reimbursement for N.M.'s placement at the Rebecca School for the 2010-2011 school year. The SRO had reversed an Impartial Hearing Officer's (IHO) decision which found the New York City Department of Education (DOE) failed to provide N.M. with a Free Appropriate Public Education (FAPE). The District Court found that the SRO improperly relied on retrospective testimony regarding the possibility of extending a 1:1 transitional paraprofessional beyond the four months provided in the Individualized Education Program (IEP). Citing recent Second Circuit precedent (R.E. and Reyes), the court ruled that such retrospective adjustments are impermissible. Due to the court's lack of educational expertise and the unclear centrality of this error to the SRO's decision, both parties' motions for summary judgment were denied, and the case was remanded to the state administrative officers for further consideration in light of the Reyes decision.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education ProgramSpecial EducationSummary JudgmentRemandState Review OfficerImpartial Hearing OfficerRetrospective TestimonyTransitional Paraprofessional
References
27
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. 2020 NY Slip Op 07685 [189 AD3d 594]
Regular Panel Decision
Dec 17, 2020

Valle v. Port Auth. of N.Y. & N.J.

Thomas W. Valle, a general foreman, was injured when a stack of cement boards fell on him from a City Lumber truck after the wooden skids underneath broke during unloading at a work site managed by Port Authority of New York and New Jersey and Turner Construction Corp. The Supreme Court initially granted plaintiffs' cross motion for summary judgment as to liability on the Labor Law § 240 (1) claim and denied defendants' motions regarding Labor Law § 200 and City Lumber's indemnification claims. The Appellate Division modified the order, denying plaintiffs' motion for summary judgment on the Labor Law § 240 (1) claim, finding issues of fact regarding proximate causation and the adequacy of safety devices. The court also granted City Lumber's motion to dismiss the third-party contractual indemnification claim due to a lack of contract, while otherwise affirming the denial of dismissal for common-law indemnification and contribution. Issues of fact remain for trial concerning liability under Labor Law §§ 200 and 240 (1), and common-law claims.

Construction AccidentLabor LawSummary JudgmentPremises LiabilityFalling ObjectProximate CauseContractual IndemnificationCommon-Law IndemnificationContributionThird-Party Claims
References
22
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

In re Ennia Caribe Holding N.V.

R.M. Hermans, as the foreign representative for ENNIA Caribe Holding N.V., a large Curaçaoan insurance company, filed Chapter 15 petitions in a U.S. Bankruptcy Court seeking recognition of a Curaçao rehabilitation proceeding as a 'foreign main proceeding.' ENNIA's owner, Parman International B.V., objected, arguing that the Curaçao proceeding was not 'collective' and lacked sufficient court supervision, and that its recognition would violate U.S. public policy due to inadequate notice. The court, presided over by Judge Martin Glenn, overruled Parman's objection. It found that the Curaçao proceeding met the definition of a foreign proceeding because it considers the rights of all creditors and is subject to control or supervision by either the Curaçao court or the Central Bank of Curaçao and St. Maarten (CBCS). The court also rejected the public policy argument, noting that U.S. states have similar provisions for urgent insurance company seizures with comparable notice periods. Consequently, the Curaçao proceeding was recognized as a foreign main proceeding, and Hermans was recognized as the foreign representative.

Chapter 15 BankruptcyForeign Main ProceedingInternational InsolvencyInsurance RehabilitationCross-Border InsolvencyCuraçao LawDue ProcessPublic Policy ExceptionCreditors' RightsFinancial Regulation
References
17
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