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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

Sheahan v. Brady

Plaintiff Danielle Sheahan, a white woman, was terminated from her position at the Internal Revenue Service (IRS) in April 1992, after being hired in May 1991. The defendant, the Secretary of the Treasury, claimed she was fired for submitting an altered college transcript. However, the plaintiff alleged racial and color discrimination, asserting that her mostly Black co-workers and supervisors conspired against her, fabricating the transcript alteration accusation. Sheahan pursued administrative remedies, first with the Merit Systems Protection Board (MSPB), which dismissed her complaint for lack of jurisdiction on October 16, 1992. Subsequently, she filed a charge with the Equal Employment Opportunity Commission (EEOC), which also dismissed her case on October 22, 1992, based on the erroneous belief that an MSPB appeal was still pending. Plaintiff then filed a civil suit in federal court on November 12, 1992. Critically, on November 9, 1992, the Treasury Department had filed a Request to Reopen the EEOC's October 22 decision. The court examined the requirements of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16, specifically concerning the exhaustion of administrative remedies and the finality of EEOC actions. Under 29 C.F.R. § 1613.234, a timely request to reopen by either party renders an EEOC decision non-final for the purpose of initiating a civil action. Consequently, the defendant's request to reopen on November 9, 1992, made the EEOC's October 22 decision non-final before Sheahan filed her lawsuit on November 12, 1992. Therefore, the court concluded it lacked subject matter jurisdiction. The court granted the defendant's motion, dismissing the plaintiff's complaint without prejudice, and suggested that either party could renew a request to reopen the EEOC decision, anticipating it would be granted given the EEOC's original erroneous finding.

Federal employment discriminationTitle VIICivil Rights ActRacial discriminationColor discriminationWrongful terminationAdministrative exhaustionEEOC decision finalitySubject matter jurisdictionMotion to dismiss
References
11
Case No. 12-CV-2285
Regular Panel Decision

Garnett-Bishop v. New York Community Bancorp, Inc.

This memorandum details five separate actions filed against New York Community Bancorp, Inc. and several individual defendants, stemming from a large-scale reduction in force on October 13, 2011. Twenty-six plaintiffs allege employment discrimination based on age, race, national origin, gender, and/or disability, along with retaliation, violating various federal and New York state laws including Title VII, ADEA, GINA, ADA, Civil Rights Act of 1991, WARN Act, and NYSHRL. The defendants moved to consolidate these actions and also had several motions to dismiss pending. The Court granted the unopposed motion to consolidate the five cases into a single action, 'Garnett-Bishop, et al. v. New York Community Bancorp., Inc., et al.', under Case Number 12-CV-2285. The claims of Plaintiff Diann Titus were severed from the consolidated action, and all other pending motions were denied without prejudice, with leave to renew after the plaintiffs file a consolidated complaint.

Employment DiscriminationReduction in ForceAge DiscriminationRace DiscriminationNational Origin DiscriminationGender DiscriminationDisability DiscriminationRetaliationTitle VIIADEA
References
19
Case No. MISSING
Regular Panel Decision

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
Case No. 2020 NY Slip Op 02142 [182 AD3d 670]
Regular Panel Decision
Apr 02, 2020

Matter of Narine v. Montefiore Med. Ctr.

Claimant Millicent Narine appealed two decisions from the Workers' Compensation Board. The Board initially denied her application for review of a WCLJ decision due to alleged non-compliance with 12 NYCRR 300.13(b), which mandates complete filling of form RB-89 for administrative review. Subsequently, the Board denied her request for reconsideration. The Appellate Division, Third Department, found that the Board abused its discretion. It determined that Narine's responses to questions 11, 12, and 15 on form RB-89 adequately identified the contested ruling and the exception, thus fulfilling the requirements of 12 NYCRR 300.13(b)(2)(ii). Consequently, the Appellate Division reversed the Board's August 1, 2018 decision and remitted the matter for further proceedings, while dismissing the appeal from the October 2, 2018 decision as academic.

Workers' Compensation Law Judge (WCLJ)Administrative ReviewForm RB-8912 NYCRR 300.13(b)Procedural ComplianceAbuse of DiscretionAppellate ReviewClaimant RepresentationApplication for ReviewReconsideration Denial
References
8
Case No. 2016 NY Slip Op 05331
Regular Panel Decision
Jul 05, 2016

People v. Bonie

This case involves an appeal by nonparty News 12 The Bronx, L.L.C., and its representative Dina Sforza, against an order compelling compliance with a subpoena for unaired video footage. The People sought the footage from an interview with defendant Nasean Bonie, who was indicted for the murder of Ramona Moore. The Supreme Court, Bronx County, initially granted the People's motion to compel, directing an in camera review and denying News 12's cross-motion to quash the subpoena. The Appellate Division, First Department, modified this order. It directed disclosure only of specific portions of the video footage where Bonie discusses killing the victim or their relationship, finding that the People met the necessary showing under New York's Shield Law for these parts, and otherwise affirmed the lower court's decision. The court clarified that the trial judge need not issue further findings.

Subpoena enforcementJournalistic privilegeShield LawNonconfidential materialIn camera reviewCircumstantial evidenceMurder indictmentVideo footageAppellate reviewFreedom of the press
References
7
Case No. MISSING
Regular Panel Decision

Brown v. Murphy

The petitioner initiated a CPLR article 78 proceeding to challenge a determination that found him guilty of specific charges and resulted in the termination of his employment as a custodian for the Penn Yan Central School District. While the court found substantial evidence to support the charges of failing to clean adequately, improper waste disposal, and leaving work early, it concluded that the penalty of dismissal was disproportionate to the offense. Considering the petitioner was a 12-year employee and the misconduct involved single occurrences, even with prior warnings, the court deemed termination excessive. Consequently, the determination was modified, and the penalty was reduced to a 12-month suspension without pay and benefits, retroactive to October 21, 1999.

CPLR Article 78Employment TerminationCustodianPenalty ReductionDiscretionary ReviewSubstantial EvidenceExcessive PenaltyJudicial ReviewSchool District EmploymentEmployee Misconduct
References
3
Case No. MISSING
Regular Panel Decision

In re Darren H.

Respondent Darren was adjudicated a juvenile delinquent and placed with the New York State Division for Youth (DFY) in 1974. He was paroled to his mother in October 1975. In February 1976, DFY filed a petition for a 12-month extension of his placement, citing the benefit of continued services. Although the petition was timely filed, a clerical error delayed its placement before the court until March 11, 1976, after the original placement's termination date of February 28, 1976. Darren's Law Guardian argued the court lacked jurisdiction due to this delay. The court distinguished the case from precedents involving deprivation of liberty for confined juveniles, noting Darren was on parole and did not object to the extension. The court granted the petition, extending placement for 12 months nunc pro tunc February 28, 1976, asserting that neither the petitioner nor the respondent should be penalized for clerical errors, especially when no liberty deprivation for a confined juvenile was at stake.

Juvenile DelinquencyExtension of PlacementNunc Pro TuncClerical ErrorFamily Court ActDue ProcessParole StatusLiberty DeprivationJurisdictionAftercare Services
References
7
Case No. No. 11, No. 12
Regular Panel Decision
Mar 26, 2019

Lilya Andryeyeva v. New York Health Care , Adriana Moreno v. Future Care Health Services

The New York Court of Appeals addressed a common issue in two joint appeals: whether home health care aides on 24-hour shifts must be paid for each hour. The Department of Labor (DOL) interpreted its Wage Order (12 NYCRR part 142) to allow payment for at least 13 hours if the employee receives at least 8 hours for sleep (with 5 uninterrupted) and 3 hours for meals. The Appellate Division rejected this, but the Court of Appeals reversed, deferring to DOL's interpretation as rational and consistent with the Wage Order's plain language. The cases were remitted for lower courts to evaluate class certification issues in accordance with DOL's interpretation.

Home Health Care24-Hour ShiftsMinimum Wage ActWage OrderDepartment of Labor InterpretationClass CertificationAppellate ReviewLabor Law ViolationsSleep BreaksMeal Breaks
References
49
Case No. CA 12-00460
Regular Panel Decision
Feb 01, 2013

MILES, JOSEPH v. GREAT LAKES CHEESE OF NEW YORK, INC

Plaintiff Joseph Miles sustained head injuries when struck by falling scaffold planks while working. The Supreme Court denied his motion for partial summary judgment on liability under Labor Law § 240 (1) and partially granted defendants' cross-motions to dismiss. On appeal, the Appellate Division, Fourth Judicial Department, modified the order by granting plaintiff's motion, finding a violation of Labor Law § 240 (1) due to the inadequacy of the safety device to protect him from foreseeable risks related to gravity. The court rejected defendants' arguments that plaintiff's conduct was the sole proximate cause or that he was a recalcitrant worker. The Appellate Division also affirmed the denial of defendants' cross-motions concerning Labor Law § 241 (6) regarding 12 NYCRR 23-5.6 (f).

Scaffolding AccidentLabor Law 240(1) ViolationLabor Law 241(6) ClaimGravity-Related HazardProximate CauseSummary Judgment MotionAppellate ReviewIndustrial Code RegulationFalling ObjectsConstruction Site Injury
References
11
Case No. CA 12-01554
Regular Panel Decision
Apr 26, 2013

SMITH, PAUL J. v. NESTLE PURINA PETCARE COMPANY

Paul J. Smith, a plaintiff, sued Nestle Purina Petcare Company (Nestle) for injuries sustained after slipping and falling in a grain silo during a construction project. Nestle then initiated a third-party action against E.E. Austin & Son, Inc. (Austin), Smith's employer. The Supreme Court denied motions for summary judgment from Nestle and Austin. On appeal, the Appellate Division modified the order, granting summary judgment to Nestle and Austin on Labor Law § 240 (1) and most of § 241 (6) claims, finding the injury unrelated to ladder use and certain regulations inapplicable. However, the court affirmed the denial of summary judgment on the Labor Law § 241 (6) claim based on 12 NYCRR 23-1.7 (e) (2), the Labor Law § 200/common-law negligence claims, and the contractual indemnification claim between Nestle and Austin due to unresolved factual issues regarding Nestle's negligence.

Labor LawWorkplace InjuryConstruction AccidentSummary JudgmentContractual IndemnificationAppellate DivisionPremises LiabilityNegligenceSlip and FallGrain Silo
References
24
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