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

Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. MISSING
Regular Panel Decision

Tupper v. City of Syracuse

This appeal originated from a Supreme Court judgment in Onondaga County, entered July 19, 2006, which had annulled City of Syracuse General Ordinance Nos. 46 and 49 of 2005. The initial CPLR article 78 proceeding was based on the contention that the City of Syracuse failed to conduct a proper State Environmental Quality Review Act (SEQRA) review prior to enacting the ordinances. The appellate court converted the proceeding to a declaratory judgment action, deeming it the correct procedural vehicle for challenging a legislative act. Upon review of the merits, the court reversed the lower court's judgment. It determined that the ordinances' enactment did not affect the environment within the scope of SEQRA, as they did not impact the physical environment, population patterns, or existing community character. Therefore, the appellate court declared City of Syracuse General Ordinance Nos. 46 and 49 of 2005 to be valid.

AppealDeclaratory JudgmentSEQRAEnvironmental ReviewOrdinancesValidityCPLR Article 78Onondaga CountyZoningProperty Law
References
5
Case No. 535046
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Gheorghe Petre

Claimant Gheorghe Petre appealed a Workers' Compensation Board decision that denied his application for reconsideration and/or full Board review. In 1999, Petre sustained work-related injuries, and his claim for benefits was established for various conditions. Following an August 2021 hearing, a Workers' Compensation Law Judge (WCLJ) amended the claim to include right lumbosacral neuritis, directed authorization for Gabapentin, and requested missing documentation for medical and travel expenses reimbursement. The Board affirmed this decision and subsequently denied Petre's application for reconsideration. The Appellate Division affirmed the Board's denial, finding no abuse of discretion as Petre failed to present new evidence or a material change in condition, and the Board had considered the issues raised in its initial determination.

Workers' Compensation AppealReconsideration DenialBoard ReviewDiscretionary ReviewNew York Appellate DivisionWCLJ DecisionDrug FormularyMedical Expense ReimbursementSpinal InjuriesPsychiatric Conditions
References
7
Case No. 524328
Regular Panel Decision
Jan 11, 2018

Matter of Murrah v. Jain Irrigation, Inc.

Claimant Steven Murrah sustained a work-related injury to his right shoulder in 2010 while working for Jain Irrigation, Inc., leading to workers' compensation benefits. In 2014, while working for a different employer, he jarred his right shoulder again. A Workers' Compensation Law Judge initially found ulnar neuritis and cubital tunnel syndrome causally related to the 2010 incident. The Workers' Compensation Board modified this, finding no causal relation for ulnar neuritis but affirming and amending the 2010 claim to include right cubital tunnel syndrome. Jain Irrigation and its carrier appealed, arguing that ulnar neuritis and cubital tunnel syndrome are the same condition and that the issue was not properly preserved. The Appellate Division, Third Department, affirmed the Board's decision, declining to take judicial notice of the conditions' synonymity due to conflicting record evidence and deferring to the Board's resolution of medical evidence.

Workers' CompensationRight Shoulder InjuryRotator CuffUlnar NeuritisCubital Tunnel SyndromeCausationMedical EvidenceAppellate ReviewJudicial NoticeWork-Related Injury
References
8
Case No. 2019 NY Slip Op 29391
Regular Panel Decision
Dec 12, 2019

People v. DeRaffele (John)

John DeRaffele appealed five judgments of conviction for violating sections of the Code of the City of New Rochelle related to the nonconforming use of his home and unpermitted alterations. The Appellate Term reversed convictions under Code § 111-8 (docket Nos. 70063 and 70065) due to insufficient evidence regarding the timing of alterations (bathroom/kitchen) and the deck construction, dismissing those informations. Additionally, two convictions under Code § 331-11 (A) (docket Nos. 70064 and 70097) were reversed and dismissed in the interest of justice because they were multiplicitous to a third charge under the same section. The judgment convicting DeRaffele under City Court docket No. 70098 for nonconforming use was affirmed but the maximum fine of $2,500 was reduced to $500 as a matter of discretion.

MultiplicityDuplicityZoning OrdinancesNonconforming UseBuilding PermitsAppellate ReviewWeight of EvidenceLegal SufficiencyFinesRecusal
References
24
Case No. MISSING
Regular Panel Decision
Sep 29, 2014

Hairston v. Commissioner of Social Security

Denise M. Hairston, on behalf of her minor daughter S.N., sought judicial review of a final decision by the Commissioner of the Social Security Administration, which denied S.N.'s application for Supplemental Security Income (SSI) benefits. S.N. alleged disability due to various impairments, including migraine headaches, obesity, impulse control disorder NOS, and depressive disorder NOS, leading to functional limitations. The Administrative Law Judge (ALJ) found that S.N.'s impairments were severe but did not meet or medically equal a listed impairment, and functionally equaled only a "marked" limitation in the "caring for yourself" domain, thus denying benefits. The United States Magistrate Judge Frank Maas denied the Commissioner's motion for judgment on the pleadings, concluding that the ALJ's finding regarding S.N.'s health and physical well-being domain did not withstand scrutiny and required further fact-finding regarding the frequency and intensity of her migraines. The case was remanded to the Commissioner for further proceedings, including obtaining additional school and medical records, and ensuring the claimant's understanding and waiver of the right to counsel.

Social Security BenefitsSupplemental Security Income (SSI)Child DisabilityDepressive Disorder NOSMigraine DisorderObesityFunctional ImpairmentAdministrative Law Judge (ALJ)Judicial ReviewRemand Order
References
34
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. Nos. 27-29
Regular Panel Decision
May 06, 2021

The People v. Kenneth Slade , The People v. Kieth Brooks, The People v. Charo N. Allen

This opinion addresses three appeals consolidated to determine the facial sufficiency of accusatory instruments when a translator assists witnesses with limited-English proficiency. Justice Garcia, writing for the majority of the New York Court of Appeals, affirmed in one case and reversed in two, generally holding that an accusatory instrument is facially sufficient even if a translator was used, as long as it does not facially indicate a defect or misinterpretation. The Court found that a translator acts as a language conduit and does not create an additional layer of hearsay for pleading purposes, and that the CPL does not mandate a certificate of translation. Dissenting opinions by Justices Rivera and Wilson argued for clearer rules requiring documentation of translator qualifications and accuracy to ensure the reliability and non-hearsay nature of such instruments, emphasizing the importance of these procedural safeguards, especially given the high rate of plea bargains in misdemeanor cases.

Accusatory Instrument SufficiencyLimited English ProficiencyTranslator RoleHearsay RuleSpeedy Trial MotionFacial SufficiencyMisdemeanor ComplaintsSupporting DepositionsCriminal Procedure LawCPL 30.30
References
48
Case No. Nos. 64 & 65
Regular Panel Decision
Nov 23, 2021

In the Matter of Verneau v Consolidated Edison; In the Matter of Rexford v Gould Erectors

This opinion from the New York Court of Appeals addresses two consolidated cases concerning the transfer of liability for death benefits claims to the Special Fund for Reopened Cases under Workers’ Compensation Law (WCL) § 25-a (1-a). The core issue was whether this statute forecloses the transfer of liability for death benefits claims submitted on or after January 1, 2014, even if the worker's original disability claim liability had been transferred to the Special Fund before this cut-off date. The Court, interpreting the plain statutory language and relying on precedent that death benefits claims are "separate and distinct legal proceedings" from disability claims, concluded that liability for death benefits claims accruing after the deadline cannot be transferred to the Special Fund. Consequently, the Court reversed the Appellate Division's orders, reinstating the Workers' Compensation Board's decisions which had found the Special Fund not liable for these death benefits claims.

Workers' Compensation Law § 25-a (1-a)Special Fund for Reopened CasesDeath Benefits ClaimsDisability Benefits ClaimsStatutory InterpretationAccrual DateSeparate Legal ProceedingsInsurance Carrier LiabilityLegislative IntentNew York Court of Appeals
References
18
Case No. Nos. 56 & 58
Regular Panel Decision
May 21, 2020

Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections

The New York Court of Appeals addressed two consolidated cases, *Matter of Seawright* and *Matter of Hawatmeh*, to resolve a departmental split regarding the interpretation of Election Law filing deadlines during the COVID-19 pandemic. In *Seawright*, the Appellate Division, First Department, had excused a candidate's belated filing of a cover sheet and certificate of acceptance due to COVID-19 related illness and quarantine, deeming it not a fatal defect. Conversely, in *Hawatmeh*, the Appellate Division, Third Department, found a candidate's late filing of a certificate of acceptance to be a fatal defect despite pandemic circumstances. The Court of Appeals reversed the *Seawright* decision and affirmed the *Hawatmeh* decision, holding that Election Law § 1-106 (2) mandates strict compliance with filing deadlines. The Court concluded that the failure to timely file constitutes a fatal defect that courts cannot excuse, even under unique or extenuating circumstances like the COVID-19 pandemic, emphasizing that it is the legislature's role to fashion exceptions to the law. Dissenting judges argued for a more flexible interpretation based on legislative intent behind pandemic-related laws and prior Election Law reforms, allowing for substantial compliance during the unprecedented health crisis.

Election LawCOVID-19 PandemicFiling DeadlinesFatal DefectStrict ComplianceBallot AccessJudicial DiscretionLegislative IntentAppellate Division ConflictQuarantine Requirements
References
39
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