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

Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
Case No. MISSING
Regular Panel Decision

Mental Hygiene Legal Service v. Maul

The Mental Hygiene Legal Service (MHLS), represented by its director Bruce Dix, petitioned the court to compel Thomas Maul, Commissioner of OMRDD, and Joseph Colarusso, Director of Sunmount DDSO, to provide access to investigative files regarding an incident involving resident Lynnette T. MHLS argued its statutory mandate under Mental Hygiene Law § 47.03 required access to safeguard residents from abuse. Respondents contended the records were protected from disclosure under Education Law § 6527 (3) and Mental Hygiene Law § 29.29, which prioritize confidentiality for quality assurance and incident investigations. The court, however, distinguished between CPLR Article 31 discovery and MHLS's specific statutory right of access. The court ruled that the statutes cited by the respondents did not prohibit disclosure to MHLS, granting MHLS access to the requested investigative reports and underlying documentation, with the stipulation that MHLS maintain their confidentiality.

Mental Hygiene LawAccess to RecordsCPLR Article 78Investigative FilesPatient RightsConfidentialityAbuse and MistreatmentState FacilitiesOMRDDSunmount DDSO
References
1
Case No. MISSING
Regular Panel Decision

Mirkin & Gordon, P. C. v. Suffolk County-Local 852 Civil Service Employees Ass'n Legal Services Fund

This case involves an appeal by the Legal Services Fund (defendant) from an order denying its motion to dismiss a breach of contract complaint filed by a law firm (plaintiff). The plaintiff law firm sued the Legal Services Fund for breach of retainer agreements and non-payment for services. The defendant sought dismissal based on res judicata, arguing that a prior federal lawsuit, which was dismissed on the merits, barred the state action. The federal action, filed by the plaintiff law firm against county legislators and welfare fund trustees, alleged a conspiracy to violate constitutional rights under 42 USC § 1983 by terminating their retainer. The Supreme Court, Nassau County, denied the dismissal motion. This appellate decision affirms that denial, concluding that res judicata does not apply because the parties and claims in the federal and state actions were not identical, and the federal court lacked jurisdiction over the contract claims against the Legal Services Fund.

Breach of ContractRes JudicataClaim PreclusionFederal Court JurisdictionState Court ActionDismissalAppellate ReviewCivil Rights (42 USC § 1983)Legal ServicesLaw Firm Retainer
References
8
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. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
0
Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. 2022 NY Slip Op 00228 [201 AD3d 1164]
Regular Panel Decision
Jan 13, 2022

Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor)

This case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from decisions by the Unemployment Insurance Appeal Board. The Board determined that Fausto Debora, a linguist, was an employee of LIS and that LIS was liable for unemployment insurance contributions. The Appellate Division, Third Department, affirmed the Board's finding, concluding that substantial evidence supported the existence of an employment relationship. The court noted that LIS exercised sufficient control over its linguists by screening qualifications, negotiating pay, and assigning jobs, despite some flexibility offered to the linguists. The decision also dismissed LIS's argument regarding Department of Labor guidelines, stating no inconsistency was found with established common-law tests for employment.

Unemployment InsuranceEmployment RelationshipIndependent ContractorAppellate ReviewSubstantial EvidenceLinguist ServicesControl TestDepartment of Labor GuidelinesEmployer LiabilityStatutory Interpretation
References
10
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
Case No. MISSING
Regular Panel Decision
Nov 22, 1993

Cleary, Gottlieb, Steen & Hamilton v. Legal Services Staff Ass'n

Plaintiff Cleary, Gottlieb, Steen & Hamilton, a law firm, sought a preliminary injunction against the Legal Services Staff Association (Local 2320), its president Scott M. Sommer, and Barbara Small, arising from a bitter labor dispute between the union and Legal Services for New York City (LSNY). The conflict escalated when union members engaged in disruptive activities, including a 1991 sit-in at Cleary Gottlieb's offices and, more recently, jamming the firm's fax machines with over 400 transmissions on November 17, 1993. The union also planned a disruptive 'Breakfast at Cleary Gottlieb' event. The court found that the defendants' conduct, including trespassing and disrupting business operations, was not protected by constitutional or labor rights. Consequently, the court granted the preliminary injunction, prohibiting the defendants from sending more than ten fax transmissions per day (each not exceeding five pages) to Cleary Gottlieb, and from trespassing on or physically occupying the firm's premises.

Preliminary InjunctionLabor DisputeFax Machine MisuseTrespassingUnion ActivityHarassmentInjunctive ReliefDisruptive ConductEmployer-Employee RelationsFederal Court
References
1
Case No. 2022 NY Slip Op 00809 [202 AD3d 469]
Regular Panel Decision
Feb 08, 2022

Matter of Brooklyn Legal Servs. v. New York City Taxi & Limousine Commn.

The Matter of Brooklyn Legal Services v New York City Taxi & Limousine Commn. case, decided on February 8, 2022, by the Appellate Division, First Department, involved a petition to annul the denial of a Freedom of Information Law (FOIL) request. Petitioner sought disclosure of certain records from the New York City Taxi and Limousine Commission (TLC) concerning driver fitness interview decisions to assess fairness in licensing determinations. The Supreme Court initially denied the petition. The Appellate Division reversed this judgment, ruling that the Driver's Privacy Protection Act (DPPA) does not impose a blanket prohibition on all motor vehicle record disclosures, especially if personal information is redacted. The court found the record unclear on the feasibility of anonymizing the records and remanded the matter to Supreme Court for an in camera inspection to determine the extent of possible redaction and production. The court also denied attorneys' fees at this juncture.

Freedom of Information LawDriver's Privacy Protection ActPublic Records DisclosurePrivacy LawRedaction FeasibilityIn Camera ReviewAdministrative LawAppellate ReviewTaxi and Limousine CommissionArticle 78 Proceeding
References
6
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