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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

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. 99 Civ. 11886 WCC
Regular Panel Decision
Jul 11, 2000

Leonard v. DUTCHESS CTY. DEPT. OF HEALTH

Plaintiffs, including restaurant and bowling center owners and the National Smokers Alliance, challenged smoking regulations promulgated by the Dutchess County Department of Health and Board of Health. They alleged violations of equal protection, free speech, 42 U.S.C. § 1983, the New York State Constitution, and Article 78. The defendants moved to dismiss, arguing lack of subject matter jurisdiction, while plaintiffs moved for summary judgment and injunctive relief. The court, treating both as motions for summary judgment, found that the Board of Health exceeded its authority under the New York State separation of powers doctrine by enacting regulations that balanced economic, social, and privacy interests, rather than solely health concerns. Specifically, the court noted the Board's consideration of non-health factors, the non-interstitial nature of the regulations compared to state law, and the County Legislature's prior failure to pass similar legislation. Consequently, the court granted plaintiffs' motion for summary judgment and permanently enjoined the defendants from enforcing the challenged smoking regulations.

Smoking RegulationsPublic Health LawSeparation of PowersAdministrative Agency OverreachSummary JudgmentInjunctive ReliefDutchess CountyClean Indoor Air ActConstitutional LawArticle 78
References
12
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. MISSING
Regular Panel Decision

Washington Heights-West Harlem-Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This case involves a dispute between District 1199, National Union of Hospital and Health Care Employees, and Washington Heights-West Harlem-Inwood Mental Health Council, Inc. The union sought to enforce an arbitration award requiring the Council to rehire and provide back pay to an employee, Edward Lane. The Council cross-moved to vacate the award, arguing that no valid collective bargaining agreement with an arbitration clause existed between the parties. Although the parties had acted under the terms of a proposed agreement for a period, including processing some grievances and wage increases, no formal, signed contract had ever been executed. Citing recent appellate court decisions emphasizing contract formalism over implied intent, the District Court granted the Council's motion to vacate the arbitration award and denied the union's motion to enforce it, concluding that without a signed agreement, there was no contractual duty to arbitrate.

Arbitration AwardSummary JudgmentContract FormationCollective BargainingLabor DisputeContract FormalismVacation of AwardEnforcement of AwardMeeting of the MindsFederal Court
References
23
Case No. MISSING
Regular Panel Decision

Matter of Moynihan v. New York City Health & Hosps. Corp.

The case involves a petitioner's appeal against the New York City Health and Hospitals Corporation (HHC) regarding a retaliatory termination claim. The petitioner, a registered nurse, was fired from her position at HHC's Office of Clinical and Health Services Research (OCHSR) in 2009, allegedly for reporting non-compliance with regulatory requirements in human-subject research programs. She sought to file a late notice of claim under General Municipal Law § 50-e to pursue claims under Labor Law §§ 740 and 741. The Supreme Court initially granted her petition, but the appellate court reversed this decision. The court found the Labor Law § 740 claim time-barred and the Labor Law § 741 claim without merit because the petitioner did not 'perform health care services' as strictly defined by the statute, despite her nursing background, as her role was limited to reviewing documentation. Consequently, the petition was denied, and the proposed complaint dismissed with prejudice.

Retaliatory TerminationWhistleblower ClaimLate Notice of ClaimGeneral Municipal LawLabor Law § 740Labor Law § 741Health Care Services DefinitionStatute of LimitationsAppellate ReviewEmployer Retaliation
References
4
Case No. MISSING
Regular Panel Decision
Nov 24, 2009

Nassau Health Care Corp. v. Civil Service Employees Ass'n

The Nassau Health Care Corporation appealed a Supreme Court judgment that denied its petition to modify an arbitration award and granted a petition by Saderia Burke and the Civil Service Employees Association, Inc., to confirm a suspension. The appellate court reversed the judgment, finding that the arbitrator exceeded authority by imposing a suspension despite a prior consent award mandating termination for disciplinary infractions. Consequently, the Corporation's petition to modify the arbitration award was granted, the suspension penalty was vacated, and the implied penalty of termination was reinstated.

Arbitration Award ModificationCPLR Article 75Arbitrator Exceeded AuthorityConsent AwardEmployment TerminationDisciplinary ActionSuspension PenaltyAppellate ReviewPublic Policy ViolationIrrational Award
References
5
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. MISSING
Regular Panel Decision

Williamsbridge Manor Nursing Home v. Local 144 Division of 1199, National Health & Human Services Employers Union

Plaintiff Williamsbridge Manor Nursing Home sought to permanently enjoin an arbitration hearing related to the suspension of its employee, Cynthia Sullivan. The defendant, New York’s Health & Human Services Employers Union 1199/SEIU, AFL-CIO, opposed this motion and cross-moved for summary judgment and/or dismissal. The core issue revolved around whether an obligation to arbitrate survived the expiration of the collective bargaining agreement (CBA) in October 1997, given that the incident leading to Sullivan's suspension occurred in December 1998. The court determined that the dispute did not arise under the expired CBA, nor was there an implied-in-fact agreement to arbitrate post-expiration disputes, as the plaintiff's conduct was inconsistent with implied consent. Furthermore, the court ruled that the plaintiff's petition was not moot, despite the arbitration having already taken place, because the court retains power to act until an arbitration award is confirmed. Consequently, the plaintiff's motion to permanently enjoin the arbitration was granted, and the defendant’s motion to dismiss for mootness was denied.

ArbitrationCollective Bargaining AgreementCBA ExpirationImplied-in-fact ContractFederal Arbitration ActLabor Management Relations ActPermanent InjunctionMootnessEmployee SuspensionJudicial Determination
References
25
Case No. 95-7154
Regular Panel Decision

Lincoln Cercpac v. Health and Hospitals Corp.

This opinion addresses a motion for preliminary injunction and class certification filed by plaintiffs, led by Lincoln Cercpac, against the Health and Hospitals Corporation (HHC). Plaintiffs sought to compel HHC to reopen the Children’s Evaluation and Rehabilitation Clinic (CERC), which was closed and its services relocated to Morrisania Center due to budget cuts. The court denied the motion for preliminary injunction, finding that plaintiffs failed to demonstrate irreparable harm or a substantial likelihood of success on their claims under the Americans with Disabilities Act and the Federal Rehabilitation Act. The judge determined that the relocation of services did not constitute discrimination or a denial of benefits. Additionally, the court denied the request for class certification as unnecessary, reasoning that any favorable judgment would inherently benefit all similarly situated individuals.

Americans with Disabilities ActRehabilitation ActPreliminary InjunctionClass CertificationHealthcare ServicesDevelopmental DisabilitiesClinic ClosureService RelocationBudget CutsIrreparable Harm
References
26
Case No. 2023 NY Slip Op 03994
Regular Panel Decision
Jul 28, 2023

Miller v. W Servs. Group, LLC

David L. Miller (plaintiff) sustained injuries from a slip and fall, receiving workers' compensation benefits from Safety National Casualty Corp., the insurer for his employer, Apple, Inc. Miller settled his personal injury claim against W Services Group, LLC for $1,350,000. He then attempted a "walk away" agreement with Safety National, where the insurer would waive its lien in exchange for Miller waiving future workers' compensation benefits. After an initial agreement by email, Safety National reneged upon learning Miller returned to work. The Supreme Court in Onondaga County enforced this settlement, but the Appellate Division, Fourth Department, reversed, ruling that any such agreement involving a waiver of a workers' compensation lien requires approval from the Workers' Compensation Board to be enforceable. The matter was remitted to the Supreme Court for further proceedings on alternative relief.

Workers' Compensation LawSettlement EnforceabilityLien WaiverAppellate ProcedureJudicial ReviewWorkers' Compensation BoardThird-Party LiabilityInsurance SubrogationContract DisputeStatutory Interpretation
References
3
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