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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

Kletter v. Fleming

This case involves an appeal from an order that granted the plaintiff's motion to dismiss the defendant's counterclaim alleging a violation of Labor Law article 6. The defendant, a dentist, worked for the plaintiff under a contract and, after termination, filed counterclaims for nonpayment and Labor Law violations. The Supreme Court dismissed the Labor Law counterclaim and precluded the defendant from presenting proof for corrective work payment. The appellate court affirmed, ruling that Labor Law article 6 was inapplicable as the claim was a common-law contractual remuneration claim and not a substantive violation. It also upheld the preclusion regarding payment for corrective work, citing the clear terms of the contract and the parol evidence rule, which barred extrinsic evidence of additional payment terms.

breach of contractlabor law violationwage disputecontractual remunerationparol evidence rulesummary judgmentpreclusion motionappellate reviewdentist employmentemployer-employee dispute
References
8
Case No. MISSING
Regular Panel Decision

Hayes v. Hayes

This case concerns an appeal from the Family Court of Saratoga County's dismissal of a petitioner's application to hold the respondent in willful violation of a child support order. The respondent, who had accumulated significant arrears and made no payments since September 1999, claimed disability due to an automobile accident but failed to provide sufficient medical evidence to support his inability to pay. The Hearing Examiner erred by finding no willful violation and by sua sponte reducing the respondent's child support obligation without a cross-petition or adequate proof of changed circumstances. The Appellate Division reversed the lower court's order, granted the petitioner's application, and remitted the matter for further proceedings, concluding that a willful violation was warranted and the downward modification was improper.

Child SupportWillful ViolationSupport ArrearsDisability ClaimMedical EvidenceDownward ModificationFamily CourtAppellate ReviewBurden of ProofNonpayment
References
4
Case No. MISSING
Regular Panel Decision
Apr 17, 1985

Kollmer v. Slater Electric, Inc.

The plaintiff appealed a judgment from the Supreme Court, Nassau County, which dismissed her causes of action alleging a violation of Labor Law § 241 (6) in an action for wrongful death. The decedent, an employee of Delta Wells Inc., was fatally injured by a backhoe on land owned by the defendant, Slater Electric, Inc. The trial court had dismissed the Labor Law claim and ruled an OSHA violation inadmissible. The Appellate Division reversed the judgment, holding that Labor Law § 241 (6) imposes a nondelegable duty on owners, irrespective of their control over the worksite, and that the plaintiff's offer of proof established a prima facie case. The court reinstated the plaintiff's causes of action and granted a new trial, but affirmed that the specific OSHA settlement was inadmissible as an admission.

Wrongful DeathLabor Law241(6)Nondelegable DutyConstruction AccidentBackhoe IncidentOSHA RegulationsPrima Facie CaseEvidence AdmissibilityNew Trial Granted
References
14
Case No. MISSING
Regular Panel Decision
May 06, 2015

Matter of Miniter

This case involves a reciprocal disciplinary proceeding against attorney Francis Anthony Miniter in New York, based on a seven-year suspension imposed by the Superior Court of Connecticut. The Connecticut court found Miniter guilty of multiple violations of the Connecticut Rules of Professional Conduct (CRPC), including lack of diligence, failure to communicate, mishandling of client funds, and failure to pay judgments. Miniter challenged the imposition of reciprocal discipline in New York, citing due process violations and infirmity of proof in the Connecticut proceedings, as well as claiming the discipline was too harsh. A Special Referee in New York found that Miniter failed to sustain his burden of proof for these defenses. The New York Appellate Division, Second Department, confirmed the Special Referee's report, finding no lack of due process or infirmity of proof, and granted the application for reciprocal discipline. Consequently, Francis Anthony Miniter was suspended from practicing law in New York for five years, conditioned on his reinstatement in Connecticut.

Attorney DisciplineReciprocal DisciplineProfessional MisconductSuspension from PracticeDue ProcessGrievance CommitteeConnecticut Rules of Professional ConductClient FundsLack of DiligenceFailure to Communicate
References
9
Case No. MISSING
Regular Panel Decision

Pamela R. v. James N.

This case addresses the appropriate burden of proof in Family Court contempt proceedings concerning custody order violations, specifically contrasting criminal and civil contempt. The court examined whether proof beyond a reasonable doubt is required for criminal contempt, as established by Rubackin v Rubackin, and clear and convincing evidence for civil contempt. The father was accused of willfully violating a sole custody order by altering his daughter's prescribed medication regimen. The court found that the mother failed to prove criminal contempt beyond a reasonable doubt and civil contempt by clear and convincing evidence, as the father's actions were deemed justified due to his medical expertise and good faith belief regarding his daughter's well-being. Consequently, the mother's petition was dismissed.

Family CourtContempt ProceedingCustody OrderBurden of ProofCriminal ContemptCivil ContemptReasonable DoubtClear and Convincing EvidenceJudicial AuthorityParental Rights
References
12
Case No. MISSING
Regular Panel Decision

In re Linda FF.

This case involves an appeal from Family Court orders regarding a respondent's violation of supervision orders concerning her two children, Linda FF. and Charles FF. The respondent had previously consented to neglect findings for both children, who were placed in petitioner's custody, and was placed under supervision with conditions including family counseling, parenting education, and anger management. Petitioner initiated violation proceedings alleging the respondent failed to comply with these terms by missing classes and exhibiting a negative attitude, and Family Court found a willful violation, revoking the supervision orders and imposing a suspended 45-day jail term. On appeal, the respondent argued that Family Ct Act § 1072, used for enforcement, only applies to supervision orders issued under § 1054, not her orders which were likely under § 1057, but the appellate court interpreted this as legislative oversight and allowed enforcement under § 1072. The court affirmed the Family Court's determination, finding ample evidence of willful and unjustifiable violation of the supervision order terms.

Family LawChild NeglectSupervision OrderViolation ProceedingFamily Court Act § 1072Legislative OversightParenting ClassesAnger ManagementCustodyWillful Violation
References
3
Case No. MISSING
Regular Panel Decision

Haddad v. City of Albany

The petitioner appealed a Supreme Court judgment that dismissed their application, which combined a CPLR article 78 proceeding and an action for declaratory judgment. The application challenged the respondent's denial of a request to rescind waste removal violation bills issued by the Department of General Services (DGS) of the City of Albany. The Supreme Court had found that the petitioner failed to exhaust administrative remedies and that claims regarding preemption of local waste ordinances by state penal law were without merit. During the pendency of the appeal, the Board of Zoning Appeals (BZA) administratively reviewed the violations, reversing some charges and upholding others. The appellate court affirmed the Supreme Court's judgment, concluding that a violation of the City of Albany's waste code was not a criminal violation under Penal Law § 55.10, and that the petitioner was indeed required to exhaust administrative remedies for their constitutional claims, as these claims implicated specific aspects of the administrative proceeding rather than the administrative scheme itself.

WasteManagementAdministrativeLawMunicipalCodePenalLawExhaustionOfRemediesDeclaratoryJudgmentAppellateReviewEnvironmentalViolationsPublicHealthPropertyMaintenance
References
10
Case No. MISSING
Regular Panel Decision
May 12, 2000

United States v. Hunter

This case involves a defendant, owner of Hunter Heating and Contracting, Inc., who was convicted of violating the Clean Air Act. He filed post-trial motions under Rules 29 and 33, seeking a judgment of acquittal or a new trial. The defendant argued there was insufficient proof of "wilfully" violating the Act and that the jury instructions on mens rea were erroneous for failing to include "wilfully" for aiding and abetting charges. The Government opposed, presenting evidence of the defendant's knowledge of asbestos and arguing that Clean Air Act violations are public welfare offenses requiring only general intent. The court denied both motions, finding sufficient evidence for conviction and affirming its jury instructions, stating that specific intent (willfulness) was not required for these Clean Air Act violations under 18 U.S.C. § 2.

Clean Air ActEnvironmental LawAsbestos RemovalCriminal ProcedureRule 29 MotionRule 33 MotionJudgment of AcquittalNew TrialMens ReaWilfulness
References
11
Case No. MISSING
Regular Panel Decision

Claim of Willard v. O-At-Ka Milk Products Cooperative

A claimant was awarded workers' compensation benefits after falling from a milk truck in 2009, suffering multiple injuries. The employer alleged the claimant violated Workers’ Compensation Law § 114-a by failing to disclose a 2007 motor vehicle accident and related neck pain. While a Workers’ Compensation Law Judge initially found a violation, the Workers’ Compensation Board rescinded this decision, concluding no violation occurred, and remitted the case for further development on the degree of disability. The employer appealed. The appellate court affirmed the Board's decision, finding substantial evidence supported the conclusion that the claimant did not knowingly make a false statement, given testimony that she was not specifically asked about prior neck issues and that her previous neck soreness was minor and temporary.

Workers' CompensationFraud AllegationMisrepresentationPrior Injury DisclosureIndependent Medical ExaminationAppellate ReviewSubstantial EvidenceNew York LawNeck InjuryDisability Assessment
References
3
Case No. MISSING
Regular Panel Decision

In re Justin J.

Petitioner initiated neglect proceedings under Family Ct Act article 10 against respondent Arnold J. and his wife, alleging inadequate supervision, failure to administer prescribed medication, excessive corporal punishment, and drug abuse in the presence of their six children. The children were subsequently removed from the home. The Family Court of Clinton County found respondent and his wife committed acts constituting neglect and violated preliminary orders. Respondent appealed both findings. The appellate court noted that the appeal concerning the violation of preliminary orders had been previously resolved. Focusing on the neglect finding, the court found ample evidence to support the Family Court's determination, including respondent's admissions to inadequate supervision, using excessive corporal punishment, and smoking marihuana while caring for the children. Further testimony from a friend, a physician, and a caseworker corroborated the neglect allegations, detailing drug use, suspected medication sales, and respondent's erratic behavior endangering the children. Consequently, the appellate court affirmed the order finding neglect and dismissed the appeal from the order finding respondent in violation of prior orders.

Child NeglectFamily CourtParental RightsSubstance AbuseCorporal PunishmentInadequate SupervisionAppellate ReviewEvidenceCredibilityDomestic Violence
References
7
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