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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
May 26, 1994

Thomson v. Power Authority

Edward Thomson, Jr. suffered an injury while working for Crouse Nuclear Energy Services, Inc. at a Power Authority of the State of New York plant. Following Thomson's lawsuit and Crouse's bankruptcy, Power Authority commenced a second third-party action against Crouse's insurers, Zurich-American Insurance Company and Central National Insurance Company of Omaha, seeking a declaration of their duty to defend and indemnify. The appellate court reversed the IAS Court's denial of summary judgment, granting it to the insurers. The court determined that both insurers had not received timely notice of the lawsuit, as required by policy or implied by law, thereby vitiating their duty to defend or indemnify Crouse. The insurers' defense of untimely notice in their pleadings was deemed a sufficient disclaimer.

Insurance CoverageSummary JudgmentDuty to DefendDuty to IndemnifyTimely NoticeWorkers' CompensationGeneral LiabilityClaims-Made PolicyThird-Party ActionAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
Apr 16, 2001

Silvercup Studios, Inc. v. Power Authority

This CPLR article 78 proceeding reviewed determinations by the Power Authority of the State of New York (NYPA) and the New York State Department of Environmental Conservation (DEC) concerning a natural gas-powered turbine generator project in Queens. NYPA issued a Negative Declaration under the State Environmental Quality Review Act (SEQRA), and DEC issued air pollution control permits. The Supreme Court initially annulled both determinations, enjoining construction until NYPA prepared a full environmental impact statement (EIS). On appeal, the judgment was modified: the annulment of DEC's air permits was reversed, confirming their validity. The injunction against NYPA was stayed until January 31, 2002, to allow time for SEQRA compliance. The Appellate Division affirmed the lower court's annulment of NYPA's negative declaration, finding NYPA should have issued a positive declaration and prepared an EIS due to potential significant environmental impacts.

Environmental ReviewSEQRANegative DeclarationAir Pollution PermitsArticle 78 ProceedingTurbine GeneratorEnvironmental Impact StatementJudicial ReviewAdministrative LawAppellate Division
References
18
Case No. MISSING
Regular Panel Decision

Dreves v. New York Power Authority

Petitioners challenged the New York Power Authority's (NYPA) plan to construct a microwave repeater tower in St. Lawrence County, alleging violations of the State Environmental Quality Review Act (SEQRA) and other statutory and zoning issues. The Supreme Court dismissed seven SEQRA-related causes of action as time-barred but allowed two declaratory relief claims concerning zoning and NYPA's statutory mandate to proceed. On appeal, the court affirmed the Supreme Court's decision, finding that the negative declaration issued by NYPA's Environmental Division Director was valid and that any earlier SEQRA infractions were cured, making the challenges time-barred. The appellate court also upheld the denial of a preliminary injunction and confirmed that the declaratory claims were timely, as the acts giving rise to relief (tower construction and operation) had not yet occurred.

SEQRAEnvironmental ImpactMicrowave TowerStatute of LimitationsDeclaratory ReliefInjunctive ReliefZoning OrdinancesPublic Authorities LawNegative DeclarationEnvironmental Review
References
8
Case No. MISSING
Regular Panel Decision

Claim of Neacosia v. New York Power Authority

The claimant, a nuclear security guard employed by the New York Power Authority, was required by his employer to wear and maintain a uniform. The employer covered cleaning costs, either directly through accounts at specific establishments or by reimbursement. On May 17, 1991, after his shift, the claimant took his uniforms to an approved cleaner in Oswego. While en route home from the cleaner, he was involved in an accident on State Route 104. The Workers' Compensation Board found a sufficient nexus between the uniform cleaning, which served the employer's purpose of having presentably uniformed guards, and the claimant's travel, thereby extending the scope of his employment. The Board concluded the accident arose out of and in the course of employment. The dissenting opinion argues that this conclusion was supported by substantial evidence and should have been affirmed. However, the overall order was to reverse the Board's decision and dismiss the claim.

Workers' CompensationScope of EmploymentUniform CleaningTravel AccidentEmployer LiabilityNexusStipulated FactsDissenting OpinionAppellate Review
References
2
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

TEXAS MUN. POWER AGEN. v. Pub. Util. Com'n

Texas Municipal Power Agency (Municipal Power) challenged an order by the Public Utility Commission (Commission) concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power filed an Administrative Procedure Act (APA) appeal and later amended its petition to include a declaratory judgment action under the Uniform Declaratory Judgment Act (UDJA), seeking a declaration on the scope of the Commission's statutory authority under the Public Utility Regulatory Act (PURA). The trial court granted pleas to the jurisdiction, dismissing the UDJA action on grounds of sovereign immunity and duplication of remedies available in the APA appeal. The Court of Appeals reversed, holding that the UDJA waives sovereign immunity for claims seeking an interpretation of an agency's general statutory authority and that the UDJA action was distinct from and broader than the APA appeal, which only addressed specific agency orders.

Administrative LawDeclaratory Judgment ActAdministrative Procedure ActSovereign ImmunityJurisdictionPublic Utility CommissionElectricity Transmission CostsStatutory InterpretationInterlocutory AppealAppellate Procedure
References
44
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. 03-01-00187-CV
Regular Panel Decision
Jan 10, 2002

Power Resource Group, Inc. v. Public Utility Commisison of Texas and Texas-New Mexico Power Company

This appeal concerns Power Resource Group, Inc.'s challenge to the Public Utility Commission of Texas's interpretation of rule 23.66, which governs the obligation of electric utilities to purchase energy and capacity from qualifying facilities (QFs). Power Resource argued that utilities must contract with QFs within 90 days of notification, irrespective of the QF's ability to deliver power within that period. The Commission asserted that a legally enforceable obligation only arises if the QF can provide energy within 90 days. The Texas Court of Appeals affirmed the district court's judgment, upholding the Commission's interpretation as reasonable and not preempted by federal law, and denied Power Resource's contract and fraud claims against Texas-New Mexico Power Company.

Public Utility CommissionElectric UtilitiesQualifying Facilities (QF)PURPAEnergy Purchase ObligationAdministrative Rule InterpretationStatutory InterpretationContract LawFraud ClaimsSummary Judgment
References
39
Case No. 2022 NY Slip Op 01702 [203 AD3d 1618]
Regular Panel Decision
Mar 11, 2022

Szymkowiak v. New York Power Auth.

Plaintiff Joseph Szymkowiak initiated a Labor Law and common-law negligence action against New York Power Authority for workplace injuries sustained in two accidents. Defendant moved for summary judgment to dismiss claims or limit damages, specifically regarding a second accident. The Supreme Court partially granted the motion but denied dismissal for the Labor Law § 240 (1) claim and post-concussion syndrome damages. On appeal, the Appellate Division modified the order, ruling that claims for post-concussion syndrome and a concussion condition were barred by collateral estoppel due to prior Workers' Compensation Board findings. However, the court affirmed the denial of summary judgment for the Labor Law § 240 (1) cause of action and allowed claims for headaches and the actual concussion to proceed.

Labor LawSummary JudgmentCollateral EstoppelWorkplace AccidentPost-concussion SyndromeConcussion InjuryAppellate ReviewElevation-related RiskComparative FaultProximate Cause
References
22
Case No. MISSING
Regular Panel Decision

Calpine Corp. v. Nevada Power Co. (In Re Calpine Corp.)

Calpine Corporation and its affiliates (Debtors) filed for Chapter 11 bankruptcy. They sought an extension of the automatic stay to prevent the ongoing "Nevada Litigation" against co-defendant Fireman's Fund Insurance Company (Fireman's) from proceeding. This litigation stemmed from a dispute with Nevada Power Company regarding a Centennial Project bond, for which Fireman's was surety for Calpine's obligations. The Debtors argued that continuing the Nevada Litigation against Fireman's would adversely impact their reorganization efforts due to potential collateral estoppel, indemnification obligations, and distraction of key personnel. The Official Committee of Unsecured Creditors and Fireman's moved to intervene, which was granted. The court found that Calpine demonstrated irreparable harm, and the balance of equities favored granting the stay, as Fireman's liability was contingent on Calpine's, and a judgment against Fireman's would effectively be a judgment against the Debtors, impairing their reorganization. The court granted the motion to stay the Nevada Litigation.

BankruptcyAutomatic StayCo-Debtor StaySection 362Section 105ReorganizationIrreparable HarmCollateral EstoppelIndemnificationSurety Bond
References
33
Case No. CV 86-1336
Regular Panel Decision
Apr 06, 1987

Brown v. Port Authority of New York and New Jersey

Plaintiff Donald Brown, a Port Authority Police lieutenant, initiated litigation against the Port Authority of New York and New Jersey and several officials. Brown alleged that he faced disciplinary action, including a counseling memorandum, after circulating a memo that criticized the defendants' inadequate anti-terrorist preparations at John F. Kennedy International Airport. He claimed these actions violated his First Amendment right to free speech and caused him severe psychological stress. Defendants moved to dismiss the amended complaint, arguing that Brown's speech was not a matter of public concern under established Supreme Court precedents like Pickering and Connick. Brown cross-moved for summary judgment. The Court denied both motions, finding that the subject of Brown's memorandum, concerning public safety at a major international airport, could be considered a matter of public concern. Furthermore, the Court noted that disputed material facts, such as the actual impact of the memorandum on office harmony and discipline, precluded granting summary judgment to the plaintiff.

First AmendmentPublic Employee SpeechRetaliationMotion to DismissSummary JudgmentPolice DepartmentTerrorism PreparednessWhistleblower ProtectionFreedom of SpeechPort Authority
References
13
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