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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Arbitration between Monroe County Deputy Sheriff's Ass'n & Monroe County/Monroe County Sheriff

This case involves an appeal from an order of the Supreme Court, Monroe County, which had denied a petition to confirm an arbitration award and granted a cross-petition to vacate it. The arbitration award mandated that Monroe County provide firearms and training to its deputies in the Civil Bureau of the Monroe County Sheriff's office. The Supreme Court had ruled that the award contravened public policy by infringing upon the Sheriff's discretionary authority under Judiciary Law § 400. However, the appellate court disagreed, concluding that the public policy exception did not meet the stringent criteria for overturning an arbitration award. Consequently, the appellate court reversed the Supreme Court's order, thereby confirming the original arbitration award and denying the cross-petition.

Arbitration AwardPublic Policy ExceptionCollective Bargaining AgreementMonroe County SheriffCivil Bureau DeputiesFirearms TrainingHealth and SafetyAppellate Court DecisionVacating Arbitration AwardConfirming Arbitration Award
References
4
Case No. CA 16-00017
Regular Panel Decision
Dec 23, 2016

COUNTY OF MONROE, MTR. OF

The Supreme Court, Monroe County, denied the respondent's motion for leave to reargue its opposition to a petition to vacate an arbitrator's award. The respondent appealed this order to the Appellate Division, Fourth Judicial Department. The Appellate Division, however, agreed with the petitioner that the appeal must be dismissed. This dismissal was based on the established legal principle that an appeal does not lie from an order denying a motion for leave to reargue. Therefore, the appeal was unanimously dismissed without costs.

Arbitration AwardAppeal DismissalMotion to ReargueAppellate ReviewJurisdictional IssueCivil ProcedureDenial of MotionMemorandum and OrderJudicial Department
References
2
Case No. MISSING
Regular Panel Decision

Salla v. County of Monroe

Lisbon Contractors, Inc., a Pennsylvania firm, was awarded a federal and state-funded sewer line construction contract in Monroe County, New York. The County attempted to enforce Labor Law § 222, which mandated employment preference for New York residents, leading Lisbon to lay off non-resident employees, David Salla and Robert Keppley. Salla, Keppley, and Lisbon sued, arguing § 222 violated the privileges and immunities, commerce, and equal protection clauses of the US Constitution. Special Term declared the statute unconstitutional, a decision affirmed by this court. The court found § 222 unconstitutional under both the privileges and immunities clause and the commerce clause, as it constituted economic protectionism and lacked a substantial relationship to the asserted goal of alleviating unemployment, thereby discriminating against out-of-state workers.

Constitutional LawPrivileges and Immunities ClauseCommerce ClauseLabor LawPublic Works ContractsEmployment DiscriminationOut-of-State WorkersState Economic ProtectionismUnemployment ReliefJudicial Review
References
20
Case No. MISSING
Regular Panel Decision

Kleehammer v. Monroe County

This case involves an employment sex discrimination and retaliation lawsuit filed by Plaintiff Kleehammer against Monroe County and Sheriff O'Flynn. Kleehammer alleges hostile work environment and retaliation under Title VII, NYSHRL, and 42 U.S.C. § 1983. The hostile environment claim stemmed from a single incident involving a female visitor and a male inmate, and subsequent lewd comments by co-workers. Kleehammer also claimed retaliation for complaining about the hostile environment and for alleged denial of "Z time" leave. The Court granted in part and denied in part the defendants' motion for judgment on the pleadings, dismissing the hostile environment and Equal Protection/Fourth Amendment claims due to insufficient pleading and lack of employer liability for co-worker conduct, but allowed the retaliation claims (Third and Fourth causes of action) to proceed. The Court cautioned Plaintiff's counsel regarding Federal Rule of Civil Procedure 11 for good faith pleading.

Employment DiscriminationHostile Work EnvironmentRetaliation ClaimMotion to DismissJudgment on the PleadingsTitle VII Civil Rights ActNew York Human Rights LawSection 1983 ClaimPleading StandardsBell Atlantic Corp. v. Twombly
References
46
Case No. 06-22-00022-CV
Regular Panel Decision
Nov 16, 2022

Cynthia Martin v. Hopkins County, Hopkins County Judge Robert Newsom, Hopkins County Commissioner Mickey Barker, Hopkins County Commissioner Greg Anglin, Hopkins County Commissioner Wade Bartley, and Hopkins County Commissioner Joe Price

Cynthia Martin raised ultra vires claims against Hopkins County officials regarding an agreement with a private company to build a solar power plant. Martin contended the agreement was a tax abatement under Texas Local Government Code Chapter 381, Section 381.004(g), which she argued did not comply with the Texas Tax Code provisions. The County and officials asserted the agreement was a grant of public money under Section 381.004(h), thus not governed by the Texas Tax Code. The trial court granted summary judgment in favor of the County. The Court of Appeals affirmed, concluding that the agreement was for a grant of public funds, not a tax abatement, because the developer was obligated to pay all ad valorem taxes, and the payments from the county were program grants calculated with reference to those paid taxes, not a reduction or nullification of the tax liability itself.

Ultra Vires ClaimsEconomic Development AgreementTax AbatementPublic Funds GrantTexas Local Government Code Chapter 381Texas Tax Code Chapter 312Summary JudgmentAppellate ReviewContract ConstructionStatutory Construction
References
39
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
Case No. 2022-01-0177
Regular Panel Decision
Jan 06, 2023

Wilder, Tom v. Monroe County Government

In this interlocutory appeal, the Tennessee Workers' Compensation Appeals Board reviewed a trial court's order concerning an injured paramedic, Tom E. Wilder. Wilder suffered neck and back injuries after a fall while transporting a patient, leading to a claim for temporary disability and medical benefits. The employer, Monroe County Government, denied the claim, citing pre-existing conditions and alleged willful misconduct, but the trial court found insufficient evidence for these defenses. The Appeals Board affirmed the trial court's decision, concluding that the employer's appeal was frivolous and remanding the case for an award of the employee's attorneys' fees and expenses.

Workers' CompensationInterlocutory AppealTemporary Disability BenefitsMedical BenefitsExpedited HearingWillful Misconduct DefenseAffirmative DefenseFrivolous AppealAttorney's FeesParamedic Injury
References
7
Case No. MISSING
Regular Panel Decision

Zamot v. Monroe County Department of Human Services

Plaintiff Luis Zamot, acting pro se, filed a Title VII lawsuit against his former employer, the Monroe County Department of Human Services, alleging a hostile work environment based on gender. Zamot claimed he experienced harassment from female colleagues and administrative law judges, including being introduced as 'the new Barb' and facing condescending behavior. A bench trial was held in November 2009. The court found no credible evidence of gender-based harassment or discriminatory abuse. The decision concluded that any conflicts were related to Zamot's poor work performance and demeanor, not his gender, and therefore, judgment was granted in favor of the defendant.

Hostile Work EnvironmentGender DiscriminationTitle VII Civil Rights ActEmployment LawBench TrialPoor PerformanceWorkplace ConductSupervisor RelationsAdministrative LawMagistrate Judge Decision
References
14
Case No. CA 13-01106
Regular Panel Decision
Feb 07, 2014

MONROE COUNTY DEPUTY SHERIFF'S, MTR. OF

Petitioner, a bargaining representative for Deputy Sheriffs, sought to vacate an arbitration award that denied a grievance concerning holiday pay for five members on July 4, 2011. The Deputy Sheriffs were granted the day off with pay but were not compensated for their regular shifts in addition to the holiday pay, which petitioner alleged violated their collective bargaining agreement and Military Law § 249. The arbitrator denied the grievance, concluding that neither the CBA nor Military Law § 249 mandated the additional payment. The Supreme Court confirmed the arbitration award. The Appellate Division affirmed the lower court's decision, finding the arbitrator did not exceed his authority, his construction of the CBA was not irrational, and the award did not violate public policy.

Arbitration AwardCollective Bargaining AgreementHoliday Pay DisputeMilitary Law BenefitsGrievance DenialDeputy SheriffsPublic PolicyVacate ArbitrationAppellate ReviewLabor Relations
References
6
Case No. 2019 NY Slip Op 01015 [169 AD3d 1479]
Regular Panel Decision
Feb 08, 2019

Matter of Monroe County Fedn. of Social Workers, IUE-CWA Local 381 v. Stander

The Appellate Division, Fourth Department, dismissed a CPLR article 78 proceeding commenced by the Monroe County Federation of Social Workers. Petitioner sought to compel Hon. Thomas A. Stander, a retired Supreme Court Justice, to render a judgment in an underlying special proceeding. The petition was found untimely, filed in August 2018, beyond the four-month statute of limitations from the December 2017 refusal of demand. Additionally, it was jurisdictionally defective due to a lack of personal jurisdiction over the respondent. Finally, the court concluded the petition was without merit, as mandamus relief is an extraordinary remedy for mandatory, not discretionary, acts, and the respondent's "decision and order" was deemed a judgment from which petitioner failed to appeal.

Mandamus to CompelCPLR Article 78Timeliness of ActionPersonal JurisdictionExtraordinary RemedyAppellate ProcedureJudgment EntrySpecial ProceedingSupreme Court JusticeRetired Justice
References
24
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