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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

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. MISSING
Regular Panel Decision

Capone v. Patchogue-Medford Union Free School District

The petitioner, an employee of Patchogue-Medford Union Free School District (UFSD), was terminated after two adult students reported sexually explicit conversations and offers of sexual acts from him. The UFSD charged the petitioner with 18 specifications of misconduct under Civil Service Law §75. Following a hearing where 17 charges were sustained, the hearing officer recommended termination, which the UFSD adopted. The petitioner initiated an article 78 proceeding, arguing insufficient notice, lack of substantial evidence, and an excessively severe penalty. The court confirmed the determination, finding the charges adequate, supported by substantial evidence from student testimonies, and that termination was not disproportionate given precedent, despite the petitioner's previously unblemished 19-year record.

Employment terminationSexual misconductAdministrative reviewCivil Service LawSufficiency of evidencePenalty proportionalityArticle 78Due processHearing officer findingsPublic education employee
References
6
Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. MISSING
Regular Panel Decision

United States v. District Council of New York City

This civil RICO action involves a motion by the government to hold the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America and its president, Peter Thomassen, in contempt of a 1994 consent decree. The central issue is whether collective bargaining agreements (CBAs) enacted in 2001, which modified job referral rules (specifically the "50/50 Rule" and the "Request System"), violated the consent decree by not providing prior notice to the government. The government argued that these changes diluted fair job assignments. The District Council contended that the consent decree's notice requirements did not extend to CBAs and that the changes were made to enhance union contractors' competitiveness. The court denied the government's motion, concluding that while the consent decree's notice provision was broad, it explicitly excluded CBAs from review by court officers, rendering the decree's applicability to future CBAs at best ambiguous and thus not a basis for a contempt finding.

RICO ActionLabor OrganizationConsent DecreeContempt MotionCollective Bargaining AgreementsJob Referral Rules50/50 RuleRequest SystemUnion GovernanceOrganized Crime
References
6
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
Case No. MISSING
Regular Panel Decision

District 2 Marine Engineers Beneficial Ass'n v. Puerto Rico Marine Management, Inc.

District 2, a marine engineers union, sued Puerto Rico Marine Management, Inc. (PRMMI) to compel arbitration after PRMMI terminated their collective bargaining agreement and discharged union members. PRMMI argued the agreement was terminable at will, while District 2 maintained it was still in effect, terminable only by the union. The court found both interpretations unpersuasive, ruling the agreement's extension implied a reasonable period for good faith negotiations and required reasonable notice for termination. Therefore, the court denied both parties' motions for summary judgment and PRMMI's motion to dismiss, ordering a factual hearing to determine the effectiveness of the termination, while making accrued benefit claims immediately arbitrable.

ArbitrationCollective Bargaining AgreementContract TerminationLabor DisputeSummary JudgmentSubject Matter JurisdictionUnionEmployerGood Faith NegotiationsReasonable Notice
References
6
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ3505181 (POM 0262203)
Regular
Mar 26, 2019

DANIEL HERRERA vs. ROBERT HARMAN & ASSOCIATES LAW OFFICES, MCKELVEY, BELLWOOD LAUNDRY & LINEN, CROTHALL LAUNDRY SERVICE; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The dismissal occurred because the applicant's objection to the dismissal petition was allegedly not properly filed with the EAMS system, despite being mailed to the District Office. The WCAB found sufficient evidence in the applicant's petition and supporting documents to warrant a hearing on the merits of the dismissal. The case is returned to the trial level for the judge to set a hearing and consider the dismissal petition.

WCABPetition for ReconsiderationOrder Dismissing CaseLack of ProsecutionEAMSPetition for Dismissal for Lack of Diligent ProsecutionNotice of Intention to DismissObjection to DismissalRescindedReturned to Trial Level
References
1
Case No. ADJ6992658, ADJ6992659, ADJ4311378 (POM 0229599)
Regular
May 02, 2016

JAMES GONZALEZ vs. CHINO VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a February 17, 2016 decision. This grant is for further study of the factual and legal issues to ensure a just decision. All subsequent filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco, not the district office. Normal trial-level filings not related to the petition can continue through EAMS.

Workers' Compensation Appeals BoardPetition for ReconsiderationChino Valley Unified School DistrictSan Bernardino District OfficeElectronic Adjudication Management System (EAMS)Petition for PenaltiesDeposition Attorney's FeesStipulations with Request for AwardCompromise and Release AgreementsWCJ
References
0
Case No. MISSING
Regular Panel Decision

Candor Central School District v. American Arbitration Ass'n

The Candor Central School District (the district) applied to the court for an order restraining the American Arbitration Association (AAA) from proceeding with arbitration. This application was made while a CPLR 7503 proceeding to stay arbitration, involving the district and the Candor Faculty Association, was pending in another court. The district argued against the need for a temporary restraining order in the CPLR 7503 proceeding, citing judicial time and client costs. The AAA countered that its impartiality would be compromised if it were named an adverse party and stressed the importance of proceeding with arbitration unless explicitly stayed by stipulation or court order. The court ultimately denied the district's application, concluding that restraining the AAA was inappropriate and advising the district to seek relief within the pending CPLR 7503 proceeding.

ArbitrationStay of ArbitrationCPLR 7503American Arbitration Association (AAA)Injunctive ReliefJudicial InterventionArbitration RulesCollective Bargaining AgreementJudicial RestraintProcedural Law
References
5
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