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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

Canty v. Office of Counsel

The petitioner, an inmate at Southport Correctional Facility, initiated a CPLR article 78 proceeding to challenge the denial of his Freedom of Information Law (FOIL) request. He sought accident reports of correction officers injured during a riot at Auburn Correctional Facility. The respondent, Department of Correctional Services, argued that the documents were exempt under privacy and confidentiality statutes, including Public Officers Law and Civil Rights Law. The court granted the petition in part, ordering the production of the upper portion of the accident/injury reports for Correction Officers Peter Kuc, Richard Knight, and Jeffrey W. Claflin, with specific redactions for personal information. However, the court denied access to the lower, medical portion of these reports and workers' compensation benefit election forms, deeming them exempt under various statutes including HIPAA and Public Health Law.

FOILCPLR Article 78Government RecordsPrivacyPublic Officers LawCivil Rights LawCorrection OfficersAccident ReportsInmate PetitionerRedaction
References
18
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision

Matter of New York State Correctional Officers and Police Benevolent Association, Inc. v. New York State Office of Mental Health

Petitioners, the New York State Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA) and Richard McPhillips, challenged an emergency regulation by the Office of Mental Health (OMH) that mandated unvaccinated personnel in psychiatric facilities wear face masks during influenza season, arguing it was arbitrary and capricious. The Supreme Court dismissed their application, leading to this appeal. The Appellate Division determined the case was not moot, as the subsequently adopted permanent regulation presented the same alleged infirmities. On the merits, the court upheld the regulation, granting OMH significant judicial deference due to its expertise. OMH's decision was based on Department of Health expertise, its own assessment of patient vulnerability, and the efficacy of masks. The court found that OMH adequately addressed concerns regarding communication and role modeling, and reasonably justified exemptions for visitors and attorneys. The judgment dismissing the petition was affirmed.

RegulationsPublic HealthMandatory MasksInfluenzaPsychiatric FacilitiesWorkers' RightsAdministrative LawJudicial DeferenceMootnessCPLR Article 78
References
9
Case No. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
Case No. No. 10 Civ. 7405
Regular Panel Decision
Nov 15, 2011

Trivedi v. N.Y.S. Unified Court System Office of Court Administration

Plaintiffs Dhiri Trivedi, Hrishikesh Bhattacharjee, Douga Ba, Pa B.F. Drammeh, and Hamadou Seek, former court interpreters, sued their employer, New York Unified Court System Office of Court Administration (OCA), and their union, District Council 37 Local 1070 (DC 37). They alleged employment discrimination based on race, national origin, age, and disability, and retaliation after being terminated for failing a new English proficiency examination. Magistrate Judge Maas recommended granting DC 37's motions entirely and partially granting/denying OCA's motions, dismissing most claims due to sovereign immunity or failure to state a claim, but allowing Title VII discrimination claims to proceed against OCA. District Judge Crotty adopted the R&R, affirming the dismissal of all claims against DC 37 and largely upholding Magistrate Judge Maas's recommendations regarding OCA, allowing only the Title VII discrimination claims against OCA to continue.

Employment DiscriminationTitle VIIADEANYCHRLNYSHRLADASection 1983Sovereign ImmunityReport and RecommendationMagistrate Judge
References
84
Case No. MISSING
Regular Panel Decision

County of Nassau v. Sheriff's Officers Ass'n

Salvatore Gemelli, a correction officer, was terminated by the County of Nassau after a federal jury found he assaulted an inmate. An arbitrator, however, ruled that the County failed to prove criminal misconduct beyond a reasonable doubt as per their collective bargaining agreement, and ordered Gemelli reinstated with back pay. The Supreme Court vacated this arbitration award on public policy grounds. This appellate court reversed the Supreme Court's decision, affirming the arbitrator's award, stating that the Supreme Court improperly substituted its own factual findings for those of the arbitrator and failed to identify a sufficiently strong and well-defined public policy violation.

Arbitration AwardPublic Policy ExceptionCollective Bargaining AgreementCorrection Officer MisconductCollateral EstoppelDue ProcessBurden of ProofJudicial Review of ArbitrationNassau CountyEmployee Termination
References
19
Case No. MISSING
Regular Panel Decision

Pietri v. N.Y.S. Office of Court Administration

Plaintiff Robert Pietri, proceeding pro se, filed a lawsuit against the New York State Office of Court Administration (OCA) and individual defendants, alleging claims of failure to accommodate, constitutional rights violations, racial discrimination, retaliation, and hostile work environment under the ADA, 42 U.S.C. § 1983, and Title VII. Defendants moved to dismiss all claims. The Court granted the motion to dismiss Plaintiff's ADA claims against all defendants due to sovereign immunity, § 1983 claims against OCA and Judicial Hearing Officer Adlerberg (due to sovereign and absolute immunity, respectively), and Title VII claims against individual defendants. However, the Court denied the motion to dismiss § 1983 claims against defendants Imperatrice and Pfau in their individual capacities and Title VII claims against OCA. Plaintiff was granted thirty days to file an amended complaint to address pleading deficiencies, particularly regarding timely filing of Title VII claims and causation for retaliation and hostile work environment.

Employment DiscriminationADACivil Rights Act of 1964Section 1983 ClaimsSovereign ImmunityJudicial ImmunityQualified ImmunityMotion to DismissRetaliationHostile Work Environment
References
139
Case No. MISSING
Regular Panel Decision
Jul 06, 1999

New York State Correctional Officers & Police Benevolent Ass'n v. State

The State appealed to vacate an arbitral award that reinstated correctional officer Edward Kuhnel, who was suspended for flying a Nazi flag from his home. The arbitrator found Kuhnel not guilty of violating department rules, citing no nexus between his off-duty conduct and his employment. The Supreme Court confirmed the award, and the Appellate Division affirmed. The Court of Appeals reviewed whether the award violated a strong public policy, concluding that courts have a limited role in vacating arbitral awards and that no explicit public policy proscribes Kuhnel's reinstatement, especially given the arbitrator's finding of "not guilty" on the charges. Therefore, the Appellate Division's order affirming the award was affirmed.

Arbitration AwardPublic Policy ExceptionCorrectional Officer MisconductOff-Duty ConductFreedom of SpeechReinstatementCollective Bargaining AgreementJudicial Review of ArbitrationDepartment of Correctional ServicesNazi Flag Display
References
14
Case No. MISSING
Regular Panel Decision

Unified Court System v. Court Attorneys Ass'n

The case addresses the arbitrability of a dispute between the Unified Court System (petitioner) and a respondent union. The petitioner had designated three newly hired Supervising Court Attorneys as "managerial/confidential," asserting that this classification falls under the Public Employment Relations Board (PERB) as per the Taylor Law and not within the scope of arbitration. Conversely, the respondent union argued that the matter should be arbitrated under the Collective Bargaining Agreement's (CBA) recognition clause and general arbitration provisions. The court applied a two-step analysis to assess arbitrability, concluding that there were no statutory or public policy prohibitions preventing arbitration of the "managerial or confidential" designation. It also found a reasonable relationship between the dispute's subject matter and the CBA's provisions regarding new positions. Consequently, the court denied the petitioner's motion to stay arbitration and granted the respondent's cross-motion, directing the parties to proceed with arbitration.

Public Employment ArbitrationManagerial/Confidential Employee DesignationCollective Bargaining Agreement (CBA)Taylor LawCivil Service LawPublic Employment Relations Board (PERB)Arbitrability DisputeUnion RepresentationGrievance ProcedureNew York Court System
References
13
Case No. MISSING
Regular Panel Decision

Gonzalez v. Iocovello

These appeals by the City of New York address municipal liability to police officers under General Municipal Law § 205-e. In the Gonzalez case, officer Maria Gonzalez sued the City after being injured as a passenger in a police vehicle due to her partner's alleged violation of Vehicle and Traffic Law § 1104 (e). In the Cosgriff case, officer Sean Cosgriff sued the City after falling on a defective sidewalk while on duty, alleging violations of the New York City Charter and Administrative Code. The court affirmed the lower court decisions, holding that GML § 205-e supports both lawsuits and that the cited statutory provisions can serve as predicates for liability against the City, including for fellow officer conduct. The court rejected the City's arguments that GML § 205-e precludes fellow officer lawsuits or that the specific statutes involved lacked "particularized mandates" or "clear legal duties."

Police Officer LiabilityGeneral Municipal Law Section 205-eFellow Officer NegligenceVehicle and Traffic Law EnforcementMunicipal Sidewalk MaintenanceNew York City Administrative CodeStatutory InterpretationReckless Disregard StandardGovernmental ImmunityWorkers' Compensation Limitations
References
20
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