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

Case No. 2021 NY Slip Op 06069 [199 AD3d 438]
Regular Panel Decision
Nov 09, 2021

Matter of Ashanti v. New York City Conflicts of Interest Bd.

The Appellate Division, First Department, confirmed the determination of the New York City Conflicts of Interest Board, finding that petitioner Karl J. Ashanti violated New York City Charter and City rule provisions. Ashanti was ordered to pay an aggregate civil penalty of $8,500. The court found substantial evidence supported the determination that Ashanti used his City position to gain personal advantage in negotiations on behalf of his wife and utilized City letterhead to advance a legal position contrary to the City's interests. The court rejected the petitioner's due process and agency bias claims, concluding that the penalty imposed did not shock the conscience.

Conflicts of InterestPublic OfficialsEthical ViolationsCivil PenaltyDue ProcessAgency BiasSubstantial EvidenceAppellate ReviewAdministrative Law JudgeCredibility Determinations
References
4
Case No. MISSING
Regular Panel Decision

In Re United States Lines, Inc.

The United States Lines, Inc. and its Reorganization Trust (Debtors) moved to deny a claim for pre- and post-judgment interest filed by the Public Administrator of the County of New York, Administrator of the Estate of Alfredo Valverde (Claimant). The Claimant's original wrongful death action against U.S.L. resulted in a state court judgment after the Debtors filed for Chapter 11 bankruptcy. The Bankruptcy Court, presided over by Judge Cornelius Blackshear, found that the doctrines of full faith and credit, res judicata, and collateral estoppel were inapplicable, asserting its exclusive jurisdiction over the claims allowance process in bankruptcy. Applying Section 502(b)(2) of the Bankruptcy Code, the court disallowed all post-petition interest, whether pre- or post-judgment, classifying it as unmatured interest. However, the court allowed the portion of the claim representing pre-petition, pre-judgment interest, clarifying that the date of judgment entry does not determine whether interest is 'unmatured' as of the petition date. Lastly, the court rejected the argument that the existence of indemnity insurance from the UK Club altered the allowability of the interest claim against the Debtors' estate.

Bankruptcy LawInterest on ClaimsPostpetition InterestPrepetition InterestUnmatured InterestChapter 11 ReorganizationClaims AllowanceRes JudicataCollateral EstoppelAutomatic Stay
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

Greenwald v. Axelrod (In Re Greenwald)

The Commissioner of the New York State Department of Health sought relief from an automatic stay in a Chapter 11 liquidation case to complete administrative proceedings concerning the debtor's medicaid reimbursement entitlements. The debtor, Sidney Greenwald d/b/a Maple Leaf Nursing Home, opposed the application, arguing the state's interest was pecuniary, not regulatory, thus precluding the 11 U.S.C. § 362(b)(4) exception. The court found that the Commissioner's interest was indeed pecuniary, aiming to recoup approximately $911,500 in medicaid overpayments, and thus the regulatory exception did not apply. However, considering that the debtor's nursing home was sold, no patients were at risk, and the case was a liquidation, the court granted the relief from the stay, allowing the administrative appeals to conclude, with any enforcement subject to the bankruptcy court's review of the developed administrative record.

Automatic StayBankruptcyChapter 11Medicaid ReimbursementGovernmental Regulatory PowerPecuniary InterestAdministrative ProceedingsLiquidation CaseAudit AppealsNew York State Department of Health
References
14
Case No. MISSING
Regular Panel Decision

Greater New York Health Care Facilities Ass'n v. Local 144 Hotel, Hospital, Nursing Home & Allied Services Union, S.E.I.U., AFL-CIO

The Greater New York Health Care Facilities Association (Association) commenced an action against Local 144, Hotel, Hospital, Nursing Home and Allied Services Union (Union) and Sidney Wolff in New York State Supreme Court, seeking a temporary restraining order to prevent Wolff from arbitrating disputes. The case was removed to federal court. The core dispute revolved around whether the Association had effectively terminated Wolff's services as an impartial chairman under a collective bargaining agreement and, crucially, whether Wolff himself should decide this arbitrability question, given his alleged pecuniary interest. The court, emphasizing a strong federal policy favoring arbitration, ruled that both the validity of Wolff's termination and the question of an arbitrator's pecuniary interest were arbitrable issues to be determined by Wolff. Consequently, the plaintiffs' request for injunctive relief was denied, and the defendants' motion for judgment on the pleadings was granted, with the disputes referred to Sidney Wolff for determination. The court retained jurisdiction solely for enforcing any subsequent arbitration award.

ArbitrationCollective Bargaining AgreementImpartial ChairmanTemporary Restraining OrderInjunctive ReliefFederal PolicyPecuniary InterestArbitrator TerminationJurisdictionJudgment on the Pleadings
References
2
Case No. MISSING
Regular Panel Decision
Feb 05, 1980

Hospital Service Plan v. Warehouse Production & Sales Employees Union

The appellants, who are successors in interest to the original defendants, appealed an order from the Supreme Court, Queens County. The order denied their motion to compel the plaintiffs to execute a 'satisfaction piece' after the appellants paid the judgment with interest calculated at the New York rate. The appellate court affirmed the denial, holding that according to the principles of full faith and credit, the judgment from New Jersey required interest to be paid at the 8% New Jersey rate, not the 6% New York rate. Additionally, the appellants were deemed responsible for the Sheriff's levy costs because they failed to properly serve the Sheriff with a stay of execution, thereby necessitating the levy.

Judgment EnforcementFull Faith and CreditInterest RatesSheriff's LevySatisfaction PieceNew Jersey JudgmentNew York LawCivil ProcedureAppellate ReviewCourt Costs
References
2
Case No. 99-11240 B, 08-CV-774A, Adv. No. 01-1193B
Regular Panel Decision
Nov 01, 2010

McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)

This memorandum opinion addresses the calculation of prejudgment interest on fraudulent transfer claims recovered by Gerard A. McHale, Jr., P.A., as Trustee for the 1031 Debtors Liquidation Trust, against the Boulder Defendants. The Court determined that three transfers in 2005 and 2006 were fraudulent under section 548(a) of the Bankruptcy Code. It concludes that the Trustee is entitled to prejudgment interest from the adversary proceeding commencement date, March 20, 2009, at the bank prime loan rates in effect on the dates of each transfer (6.5%, 8.0%, and 8.25%). Additionally, the Trustee is entitled to post-judgment interest at the federal judgment rate, and a final judgment is to be entered pursuant to Federal Rule of Civil Procedure 54(b).

Prejudgment InterestFraudulent TransferBankruptcy CodeAdversary ProceedingFederal Judgment RateMarket Rate InterestPrime RateRule 54(b) JudgmentTrustee RecoveryBankruptcy Court
References
26
Case No. MISSING
Regular Panel Decision
Dec 31, 2001

Citrin v. Merkle

The claimant, rendered quadriplegic by a 1972 work accident, was classified as permanently totally disabled. A 1988 Workers’ Compensation Law Judge (WCLJ) decision authorized reimbursement for home-care services, but the carrier subsequently withheld payments, citing a dispute over the claimant's receipt of services. A 1997 WCLJ decision rejected the fraud claim and directed payment of outstanding home-care expenses, which the Workers’ Compensation Board upheld in 1998. The Board then granted the claimant's request for interest and penalties, but determined interest should accrue from December 21, 1998, the date of the Board's direction for payment, rather than September 20, 1988, the initial authorization date. The claimant appealed this calculation, but the court affirmed the Board’s decision, stating that interest under Workers’ Compensation Law § 20 (1) requires an actual 'award' rather than a mere 'authorization' for services.

Workers' CompensationQuadriplegiaPermanent Total DisabilityHome Care ServicesInterest CalculationPenaltiesWorkers' Compensation BoardAppealFraud ClaimAward Date
References
2
Case No. MISSING
Regular Panel Decision
Jun 22, 1999

Claim of Mace v. Owl Wire & Cable Co.

The claimant's husband suffered a heart attack in 1971 and died in 1991, with the death causally related to the 1971 injury. The Workers’ Compensation Board determined that a 3% interest rate, applicable to 1971 accidents under Workers’ Compensation Law § 27 (5), should be used to calculate the present value of the death benefits award to be paid into the Aggregate Trust Fund. The workers’ compensation carrier appealed, contending that the 6% rate, in effect at the time of the decedent's death in 1991, should apply. The court affirmed the Board's decision, holding that the statutory interest rate for calculating the present value of awards to the Aggregate Trust Fund is tied to the date of the original accident, not the subsequent causally-related death. This interpretation aligns with legislative intent and prior Board decisions.

Workers' CompensationAggregate Trust FundInterest Rate CalculationStatutory InterpretationDeath BenefitsDate of AccidentLegislative IntentPresent ValueInsurance Carrier LiabilityAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

People v. Headley

The defendant, John E. Headley, an attorney and outside counsel for the New York City Transit Authority (NYCTA), faced charges including grand larceny, falsifying business records, and conspiracy. He was accused of fraudulently obtaining paid assignments from the NYCTA to procure independent medical examinations (IMEs) by using a fictitious name, "James Douglas," to conceal a conflict of interest. Headley moved to dismiss the indictment, arguing a lack of intent to defraud and no pecuniary loss to the NYCTA, as the contracted IME services were rendered. The court granted the dismissal of the larceny and first-degree falsifying business records counts, ruling that the prosecution failed to demonstrate criminal intent to deprive the NYCTA of property or that the submitted documents constituted "business records" for the purpose of those specific charges. However, the motion to dismiss the charges of offering a false instrument for filing in the first degree was denied, as concealing his identity frustrated the NYCTA's legitimate interests in a fair vendor selection process and accurate vendor identification, thus constituting an "intent to defraud" under that statute.

Grand LarcenyFalsifying Business RecordsConspiracyFalse PretensesIndependent Medical Examinations (IMEs)Conflict of InterestIntent to DefraudPecuniary LossSufficiency of EvidenceMotion to Dismiss
References
28
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