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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

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. MISSING
Regular Panel Decision

Agyeman v. Roosevelt Union Free School District

Plaintiff Ak-ousa Agyeman, an elementary school teacher, filed a civil rights action against the Roosevelt Union Free School District and several individuals, alleging violations of her First Amendment rights and retaliation under 42 U.S.C. § 1983 and New York Civil Service Law § 75-b. Agyeman claimed she was retaliated against for engaging in protected speech, specifically through internal emails and a letter to the New York State Education Department, regarding student needs, District policies, and alleged legal violations. Defendants moved for summary judgment, arguing her speech was not constitutionally protected. The Court granted the defendants' motion, concluding that Agyeman's speech was made as a public employee performing official duties, not as a private citizen, and therefore was not protected by the First Amendment. Consequently, the Section 1983 claim was dismissed, and the remaining state law claim was dismissed without prejudice for re-filing in state court.

First Amendment retaliationPublic employee speechCivil rights actionSummary judgmentNew York State law claimDismissal without prejudiceTeacher employment disputeSchool district liabilityFreedom of speechOfficial duties
References
56
Case No. 01 Civ. 2835
Regular Panel Decision

Johnson v. Eastchester Union Free School District

Oswald Johnson, a 69-year-old cleaner, sued the Eastchester Union Free School District for age discrimination under the Age Discrimination in Employment Act (ADEA) after his job location and hours were changed. The school district moved for summary judgment, arguing Johnson failed to establish an adverse employment action or an inference of discrimination. The court found that mere inconvenience from a lateral transfer and shift change, without a reduction in wages or altered job responsibilities, does not constitute a materially adverse employment action. Furthermore, the court determined that the evidence did not support an inference of age discrimination, as other employees of varying ages also experienced job assignment changes, and the decision-maker was also over 40. The court also found the mandatory physical examination, which revealed Johnson's cataracts, was job-related and consistent with business necessity. Therefore, Johnson failed to establish a prima facie case of discrimination, and the court granted summary judgment to the Eastchester Union Free School District, dismissing the complaint.

Age DiscriminationEmployment LawSummary JudgmentAdverse Employment ActionDisparate TreatmentADEALateral TransferShift ChangePhysical ExaminationPrima Facie Case
References
29
Case No. MISSING
Regular Panel Decision

Gaston v. Great Neck Union Free School District

Luis Gaston, an employee of Bay Welding, Inc., was injured while working at a school owned by Great Neck Union Free School District. Gaston initiated a negligence action against the School District, which subsequently filed a third-party complaint against Bay Welding, Inc., seeking indemnification for allegedly failing to procure general liability insurance as per their contract. The Supreme Court granted partial summary judgment to the School District, finding Bay Welding, Inc., had not provided proof of the required insurance. However, the Appellate Division reversed this decision, ruling that the contract regarding insurance coverage was ambiguous and necessitated a trial to determine the parties' intent.

Personal InjuryNegligenceContract DisputeIndemnificationSummary JudgmentAppellate ReviewInsurance CoverageContract AmbiguityThird-Party Action
References
0
Case No. MISSING
Regular Panel Decision

Peres v. Oceanside Union Free School District

Mary Peres, a high school teacher and Student Projects Coordinator for over thirty years, sued Oceanside Union Free School District, Herbert R. Brown, Dorie C. Ciulla, and Richard Roschelle. Peres alleged violations of her First and Fourteenth Amendment rights under 42 U.S.C. § 1983, age discrimination under the ADEA and NYSHRL, and state law claims including breach of contract and defamation. Her claims stem from her termination as SP Coordinator, which she attributes to reporting financial improprieties by other District employees and age discrimination, as well as being coerced into signing a disciplinary letter. Defendant Roschelle moved to dismiss the complaint. The court granted dismissal of Peres's ADEA claims, Section 1983 claims based on deprivation of property interest, breach of contract, and defamation claims. However, the court denied dismissal of her NYSHRL claims and Section 1983 claims based on First Amendment retaliation and deprivation of a protected liberty interest.

Age DiscriminationFirst AmendmentFourteenth AmendmentDue ProcessRetaliationWhistleblowerSection 1983Employment LawMotion to DismissNYSHRL
References
30
Case No. MISSING
Regular Panel Decision

Leon v. Port Washington Union Free School District

The case of America Leon v. Port Washington Union Free School District involved plaintiff America Leon suing her former employer for alleged unpaid overtime wages under the Fair Labor Standards Act (FLSA) and for breach of collective bargaining agreements. Leon claimed she worked uncompensated pre-shift hours and during meal breaks. The District moved to dismiss both claims, arguing insufficient pleading for the FLSA claim and issues of standing, timeliness, and notice for the breach of contract claim. The court, presided over by District Judge Wexler, denied the District's motion to dismiss in its entirety, determining that Leon's complaint provided sufficient factual allegations regarding her regular work schedule and uncompensated overtime to state a plausible FLSA claim. The court also found the breach of contract claim adequately alleged, declining to consider extraneous submissions and preserving the District's right to renew its arguments as a motion for summary judgment after discovery.

FLSAovertime wagesbreach of contractmotion to dismisscollective bargaining agreementuncompensated workfederal courtSecond Circuitemployment lawwage dispute
References
19
Case No. MISSING
Regular Panel Decision

Union-Endicott Central School District v. Peters

Joanne Peters, a teacher, was denied retiree health insurance benefits by the Union-Endicott Central School District after allegations of theft. The District and its Board of Education commenced action No. 1 against Peters. Peters and the Endicott Teachers' Association (ETA) grieved the denial and compelled arbitration. An arbitrator found the District violated the CBA and that the "faithless servant doctrine" was inapplicable. The District and Board sought to amend their complaint to invoke the doctrine and recover damages, and to vacate the arbitration award. Supreme Court denied the amendments and refused to vacate the award. The appellate court affirmed the denial to vacate the arbitration award, finding the arbitrator resolved the issue of the faithless servant doctrine. The court also upheld the denial to amend the complaint, citing collateral estoppel, and modified the Supreme Court order to explicitly confirm the arbitration award.

Arbitration AwardCollective Bargaining AgreementFaithless Servant DoctrineRetiree Health Insurance BenefitsCollateral EstoppelMotion to Amend ComplaintVacatur of Arbitration AwardEmployee MisconductSchool District DisputeTeacher Employment
References
21
Case No. MISSING
Regular Panel Decision
Aug 27, 2014

Gerardi v. Huntington Union Free School District

Angela Girardi sued the Huntington Union Free School District, alleging gender discrimination for not hiring her for a custodial position and retaliation after she reported the discrimination. Girardi filed a notice of claim in March 2012, an EEOC charge in August 2012, and commenced the action in August 2013. She asserted claims under Title VII, 42 U.S.C. § 1983, NYSHRL, and SCHRL. The District moved for summary judgment, arguing the Title VII claims were time-barred and Girardi failed to prove a municipal policy for the § 1983 claim. The Court granted the District's motion, dismissing all claims, finding the Title VII discrimination claim time-barred, and the retaliation and hostile work environment claims failed on the merits. The § 1983 claim was dismissed due to a lack of established municipal policy or final policymakers, and state law claims were time-barred or lacked a private right of action.

Gender DiscriminationRetaliationHostile Work EnvironmentTitle VIICivil Rights Act of 1964Section 1983Equal Protection ClauseFourteenth AmendmentSummary JudgmentEmployment Law
References
48
Case No. MISSING
Regular Panel Decision

Jamindar v. Uniondale Union Free School District

A plaintiff sustained personal injuries after falling from a scissor lift at a school construction site while performing duct work demolition. The plaintiff initiated an action alleging violations of Labor Law sections 200, 240 (1), and 241 (6), alongside common-law negligence, against multiple parties including Northgate Electrical (scissor lift owner), Herrick's Mechanical Corporation (employer), Uniondale Union Free School District and Uniondale High School (property owners), Irwin Contracting, and Conor Construction Consultants (other contractors). This appellate decision reviewed several Supreme Court rulings on motions for summary judgment and cross-claims for indemnification and contribution. The court found errors in the Supreme Court's prior denials and consequently granted the plaintiff's motion for summary judgment against the property owner under Labor Law § 240 (1). Additionally, the appellate court determined that various cross-motions for summary judgment and conditional summary judgment for indemnification should have been granted in favor of Herrick's, Irwin, Conor, Northgate, and the Uniondale entities against other involved parties, thereby clarifying the liabilities.

Labor Law ViolationScissor Lift AccidentPersonal Injury ClaimSummary Judgment MotionCommon-Law IndemnificationContractual IndemnificationConstruction Site AccidentProperty Owner ResponsibilityGeneral Contractor LiabilityEmployer Negligence
References
20
Case No. MISSING
Regular Panel Decision
Jun 24, 2005

Mineola Union Free School District v. Mineola Teachers' Ass'n.

The petitioner, Mineóla Union Free School District, appealed an order from the Supreme Court, Nassau County, which had denied its motion to stay arbitration and granted the Mineóla Teachers’ Association's cross-motion to compel arbitration. The appellate court affirmed the lower court's decision, ruling that the dispute, related to article 24 of the collective bargaining agreement, was indeed subject to arbitration. The court rejected the District's argument that an arbitration award favoring the Association would violate public policy, emphasizing the narrow scope of the public policy exception in public employment cases. It concluded that no law prohibited such an award and that upholding article 24 would not force the District to hire unqualified candidates, thus not violating Education Law §§ 3012 (1) (a) and 1709 (16).

ArbitrationCollective BargainingPublic EmploymentTaylor LawPublic Policy ExceptionEducation LawAppealNassau CountySchool DistrictTeachers Union
References
7
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