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

Case No. ADJ9813773
Regular
Apr 04, 2019

Christina Eastland vs. Orange County Transportation Authority

The Workers' Compensation Appeals Board granted removal to the defendant, Orange County Transportation Authority. This decision rescinded a prior Minute Order that compelled depositions over the defendant's objection. The Board found the Minute Order violated the defendant's due process rights by failing to provide adequate notice that employee witness depositions, rather than QME depositions, would be addressed. Therefore, the case is returned to the trial level for proper notice and an evidentiary hearing.

Petition for RemovalDue ProcessMinute OrderWCJEmployee Witness DepositionsDeclaration of Readiness to ProceedStatus ConferenceObjection and Motion to QuashProtective OrderOrder to Quash
References
12
Case No. ADJ2779438 (AHM 0141003) ADJ2276665 (AHM 0142839) ADJ4661552 (AHM 0100533)
Regular
Jan 29, 2013

Vern Botts vs. Orange County Transportation Authority, Tristar Management

The Workers' Compensation Appeals Board denied the Petition for Removal filed by Orange County Transportation Authority and Tristar Management. The Board found that the trial judge was correctly ordered to conduct further proceedings to determine if the applicant could rebut the Diminished Future Earning Capacity (DFEC) adjustment, as required by the *Ogilvie III* decision. Defendant's arguments regarding prejudice from further evidence introduction and discovery closure were rejected as the trial judge's actions were in line with appellate directives and defendants had ample opportunity to address the issues. The Board adopted the judge's report, finding no basis for removal.

Petition for RemovalOrange County Transportation AuthorityTristar ManagementVern BottsADJ2779438ADJ2276665Workers' Compensation Appeals BoardPermissibly Self-InsuredAgreed Medical ExaminersStuart Green M.D.
References
3
Case No. MISSING
Regular Panel Decision

Berweger v. County of Orange

Plaintiffs Lurana M. Berweger and Susan E. Menon, nurses at the Orange County Correctional Facility, sued under 42 U.S.C. § 1983 for wrongful termination, alleging retaliation for criticizing the County’s Department of Mental Health's (DMH) inadequate inmate medical care. They also brought a state claim under New York State Labor Law § 740. The defendants included the County of Orange, County Executive Joseph G. Rampe, Commissioner of Mental Health Chris Ashman, County Attorney Richard Golden, and their private employer, Eastern Health Care Group, Inc. (EHG). The court granted summary judgment for Ashman and Golden on the § 1983 claims, citing lack of evidence, but denied it for Rampe, EHG, and the County due to remaining factual disputes regarding Rampe's involvement and EHG's potential state actor status. All state whistleblower claims were dismissed as plaintiffs complained about a third party (DMH), not their direct employer. EHG's motion for attorneys' fees and Rule 11 sanctions was denied, as Menon's claim was not deemed frivolous.

Civil Rights (42 U.S.C. § 1983)Whistleblower ProtectionWrongful TerminationSummary JudgmentFirst AmendmentMunicipal LiabilityState Actor DoctrineIndependent Contractor LiabilityCorrectional HealthcareOrange County
References
27
Case No. MISSING
Regular Panel Decision

New York Public Interest Research Group Straphangers Campaign, Inc. v. Metropolitan Transportation Authority

The Metropolitan Transportation Authority (MTA) faced a significant budget deficit and implemented fare/toll increases and token booth closures. Public interest groups challenged these decisions, alleging that the MTA's public hearing notices were misleading and incomplete regarding financial details and alternative solutions. Lower courts initially sided with the petitioners, vacating the MTA's actions. However, on appeal, the court reversed these rulings, asserting that the MTA's notices complied with statutory requirements and were neither false nor misleading. The court emphasized the legislative role in setting disclosure standards and affirmed the MTA's authority, especially concerning the Triborough Bridge and Tunnel Authority's toll-fixing powers. Consequently, the petitions were dismissed, upholding the MTA's original decisions.

Public TransportationFare IncreaseToll IncreaseBudget DeficitPublic HearingsStatutory ComplianceJudicial ReviewAdministrative LawPublic Authorities LawCPLR Article 78
References
13
Case No. MISSING
Regular Panel Decision

O'Toole v. County of Orange

Marianne T. O’Toole, as bankruptcy trustee for Mary Bea Fratto, sued the County of Orange for sex discrimination and retaliation under Title VII. Fratto, a former corrections officer, alleged she faced rumors of a sexual relationship with a sergeant and subsequently experienced retaliation, including scrutiny of her performance and eventual termination, after filing a formal harassment complaint. The County of Orange moved to dismiss the entire complaint. The court denied the motion, ruling that the plaintiff provided plausible factual content to support both gender discrimination and retaliation claims, meeting the required minimal inference of discriminatory intent and adverse action. Thus, the case can proceed to further litigation.

DiscriminationRetaliationTitle VIIEmployment LawSex DiscriminationHostile Work EnvironmentMotion to DismissPleading StandardsFederal Rules of Civil Procedure Rule 12(b)(6)United States District Court
References
34
Case No. 2017 NY Slip Op 01785
Regular Panel Decision
Mar 09, 2017

Henvill v. Metropolitan Transportation Authority

Winston Henvill appealed the dismissal of his complaint and the denial of his petition to vacate an arbitration award, which resulted in the termination of his employment. The Supreme Court had granted defendants' motion to dismiss Henvill's complaint and denied his petition seeking to vacate the arbitration award based on a finding of misconduct. Henvill argued that the Metropolitan Transportation Authority Police Benevolent Association (PBA) breached its duty of fair representation and that the arbitrator's fact-finding was irrational. The Appellate Division affirmed the lower court's decisions, finding no evidence that the PBA's conduct was arbitrary, discriminatory, or in bad faith. Furthermore, the court emphasized that judicial review of arbitration awards is limited to statutory grounds and does not permit reviewing the arbitrator's findings of fact.

Breach of Duty of Fair RepresentationArbitration AwardEmployment TerminationMisconductCPLR Article 75Vacatur of Arbitration AwardCollective Bargaining AgreementAppellate ReviewJudicial Review of ArbitrationLabor Law
References
12
Case No. MISSING
Regular Panel Decision

Erie County Water Authority v. Kramer

The Erie County Water Authority initiated an Article 78 proceeding to prevent the New York State Labor Relations Board from asserting jurisdiction over an unfair labor practice complaint. The Authority, a state agency, argued its exemption from the New York State Labor Relations Act, despite a provision in the Public Authorities Law stating it is an 'employer.' The court reviewed relevant labor and civil service laws, as well as prior case law concerning state agencies and collective bargaining. Ultimately, the court determined that the Authority, as an agency of the state, falls under the exemptions of Labor Law Section 715, thus not subject to the collective bargaining requirements of Article 20 of the Labor Law. Therefore, the application to enjoin the Board's actions was granted due to lack of jurisdiction.

Article 78Civil Practice ActPublic Authorities LawLabor LawState AgencyUnfair Labor PracticeCollective BargainingJurisdiction DisputeErie County Water AuthorityNew York State Labor Relations Board
References
4
Case No. 09-CV-8140 (KMK)
Regular Panel Decision
Mar 31, 2011

In Re Dayton

Plaintiffs Michael Dayton and Barbara Nieves, individually and as guardian for their five infant children, brought action against the City of Middletown, its police officers, Orange County, and the Department of Social Services Orange County (DSS) alleging federal and state law violations. The claims stemmed from a November 2008 incident involving an alleged attack by a felon and subsequent police actions, followed by Family Court proceedings where neglect findings were entered against the parents. The court granted DSS's motion to dismiss with prejudice, finding it not a suable entity. Motions to dismiss the federal § 1983 Monell claims against Middletown and Orange County were granted without prejudice due to insufficient pleading of a municipal policy. State law claims against Orange County were dismissed without prejudice due to untimely notice of claim for adult plaintiffs, with infant claims requiring state court application. Claims arising from the Family Court's neglect finding and protective order were dismissed with prejudice under the Rooker-Feldman doctrine, but other allegations regarding Orange County's conduct during Family Court proceedings survived. The Middletown Officers' motion for summary judgment was denied without prejudice, citing insufficient factual inconsistencies for dismissal prior to discovery. Plaintiffs were given thirty days to file a Second Amended Complaint.

Civil Rights ViolationsFourth AmendmentEighth AmendmentFourteenth Amendment42 U.S.C. § 1983Motion to DismissSummary JudgmentRooker-Feldman doctrineMonell claimFailure to Train
References
98
Case No. 2016 NY Slip Op 05995 [142 AD3d 1003]
Regular Panel Decision
Sep 14, 2016

Matter of Carver v. Nassau County Interim Fin. Auth.

This case addresses a challenge to wage freezes imposed by the Nassau County Interim Finance Authority (NIFA) on Nassau County employees. NIFA was established to manage the County's fiscal crisis and declared a

Wage FreezeFiscal CrisisNassau County Interim Finance AuthorityPublic Authorities LawCollective Bargaining AgreementsCPLR Article 78 ProceedingStatutory InterpretationAppellate DivisionControl PeriodInterim Finance Period
References
18
Case No. MISSING
Regular Panel Decision

Orange v. County of Suffolk

Plaintiffs, former and current Suffolk County Civil Service employees, sued Suffolk County, its County Executive, and legislators under 42 U.S.C. § 1983 for alleged politically motivated adverse employment actions. Defendants moved to dismiss federal claims based on immunity and state claims on statute of limitations. The court granted in part and denied in part, holding individual defendants absolutely immune for legislative acts (voting for a resolution abolishing positions and the executive signing it). Claims against officials in their official capacity were dismissed as redundant to the County. The court retained jurisdiction over the state law claim and dismissed the conspiracy claim with leave to amend, denying attorney's fees to defendants.

Civil Rights42 U.S.C. 1983First AmendmentFourteenth AmendmentPolitical Affiliation DiscriminationLegislative ImmunityAbsolute ImmunityMotion to DismissSuffolk CountyDepartment of Social Services
References
35
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