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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

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. MISSING
Regular Panel Decision

Addei v. State Board for Professional Medical Conduct

A surgeon's medical license was revoked by the State Board for Professional Medical Conduct due to findings of moral unfitness from sexual harassment of co-workers and fraudulent practice on employment applications. The petitioner challenged this determination via a CPLR article 78 proceeding. The court upheld the Committee's jurisdiction and the findings of moral unfitness and fraud, dismissing claims of statutory vagueness. However, the court deemed the penalty of license revocation excessively harsh and "shocking to one’s sense of fairness" given mitigating factors, equivocal findings on the fraud charge, and no impact on patient care. Consequently, the court indicated that the severe penalty should not stand.

Professional MisconductLicense RevocationMoral UnfitnessFraudulent PracticeSexual HarassmentEmployment ApplicationsDue ProcessVague StatuteDisproportionate PenaltyCPLR Article 78
References
10
Case No. MISSING
Regular Panel Decision

Deleon v. New York City Sanitation Department

DeGrasse, J., dissents from the majority's premise, arguing that the reckless disregard standard of care set forth under Vehicle and Traffic Law § 1103 (b) applies to the case. The case involves a 2010 collision between a plaintiff's vehicle and a mechanical street sweeper operated by defendant Robert P. Falcaro, a city sanitation worker. The dissent asserts that Rules of the City of New York (34 RCNY) § 4-02 (d) (1) (iv) incorporated this standard for highway workers, a category Falcaro falls under. It refutes the majority's interpretation of 34 RCNY § 4-02 (d) (1) (iii), stating it provides no standard of care and thus does not contradict the application of the reckless disregard standard. The dissenting judge concludes that summary judgment was properly granted by the court below, as there was no evidence of Falcaro's intentional conduct committed in disregard of a known or obvious risk of highly probable harm, and would affirm the denial of plaintiff’s motion for summary judgment and the granting of defendants’ cross motion.

Reckless disregardVehicle and Traffic LawStreet sweeperHighway workerSummary judgmentMunicipal lawNew York City RulesStandard of careDissentCollision
References
6
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. MISSING
Regular Panel Decision

Smith v. ITT STANDARD

Paul Smith, Jr., a former employee of ITT Standard, filed a complaint alleging wrongful discharge against ITT and a violation of the duty of fair representation against his union, United Steel Workers of America Local No. 897, AFL-CIO. Both defendants filed motions for summary judgment. The court granted the Union's motion regarding the bad faith claim but denied it concerning the arbitrary conduct claim. ITT's motion for summary judgment regarding the wrongful discharge claim was also denied, meaning that triable issues of fact remain for trial concerning the arbitrary nature of the union's representation and ITT's alleged improper discharge. The case hinges on whether Smith's conduct constituted insubordination under shop rules and if the 'last chance agreement' precluded arbitration.

Workers' RightsWrongful DischargeDuty of Fair RepresentationSummary JudgmentCollective Bargaining AgreementInsubordinationLast Chance AgreementShop RulesLabor LawFederal Court
References
20
Case No. MISSING
Regular Panel Decision

People v. Salamon

Defendant Yehuda Salamon moved to dismiss charges and declare Administrative Code § 19-190 (b) unconstitutional, arguing its vagueness regarding prohibited conduct, mens rea, and standard of proof. The People opposed, contending 'lack of due care' functions as a culpable mental state and the statute sufficiently defines prohibited conduct. The court analyzed the constitutionality of the statute, specifically the 'due care' standard, in the context of criminal liability and the requirement for mens rea. The court found that the civil tort liability standard of negligence ('due care') is inconsistent with criminal conduct's awareness requirement and creates unconstitutional vagueness. Therefore, the court granted the defendant's motion, finding Administrative Code § 19-190 (b) unconstitutional on its face and dismissing the related charges, while other charges remained.

Constitutional LawVagueness DoctrineDue ProcessCriminal NegligenceMens ReaStrict LiabilityAdministrative CodeVehicle and Traffic LawMotion to DismissPedestrian Safety
References
64
Case No. MISSING
Regular Panel Decision

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
Case No. 2025 NY Slip Op 04174
Regular Panel Decision
Jul 16, 2025

Matter of Black

Attorney Bernard S. Black was disbarred for professional misconduct. Serving as conservator for his sister, who suffers from chronic schizophrenia, Black attempted to divert approximately $1 million from their mother's estate to himself and his children by deliberately withholding information from the Colorado Probate Court. The Colorado courts found he breached his fiduciary duties, engaged in deceptive conduct, and committed civil theft, imposing substantial surcharges and treble damages. The Appellate Division, Second Department, confirmed the Special Referee's findings that Black violated professional conduct rules, including dishonesty, fraud, misrepresentation, making false statements to a tribunal, and engaging in conduct prejudicial to the administration of justice. Despite his claims of good faith and character evidence, the court found disbarment necessary due to the severe nature of his actions against a vulnerable family member.

Attorney MisconductDisciplinary ProceedingsDisbarmentFiduciary Duty BreachConflict of InterestFraud and DeceitFalse Statements to TribunalConservatorshipEstate DiversionCivil Theft
References
2
Case No. MISSING
Regular Panel Decision

Cohen v. Avanade, Inc.

Plaintiff Andrew S. Cohen sued his former employer, Avanade Inc., and two employees, Matthew McCafferty and Aziz Virani, alleging breach of contract, fraudulent inducement, malicious conduct, harm to professional reputation, negligence, and negligent misrepresentation. Cohen claimed he was induced into employment by false representations regarding Avanade's application management capabilities, leading to lost sales opportunities and damage to his professional standing. Defendants sought dismissal of the entire complaint. The Court granted the motion, dismissing all claims. It determined the compensation plan was not a binding contract, fraud claims lacked the required specificity, and New York law did not support the malicious conduct or professional reputation claims. Additionally, negligence and negligent misrepresentation claims failed due to the absence of an independent duty or special relationship, and were barred by the Workers' Compensation Law.

Motion to DismissBreach of ContractFraudulent InducementNegligenceNegligent MisrepresentationEmployment LawWorkers' Compensation ExclusivityRule 12(b)(6)Rule 9(b)Promissory Estoppel
References
64
Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
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