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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
Dec 02, 1993

Hart v. Holtzman

This case involves a CPLR article 78 petition challenging a determination made by the Comptroller of the City of New York. The Comptroller had ruled that rehabilitation and construction work on the Greenpoint Hospital site, despite being publicly financed, was for privately-owned and constructed housing for low-income tenants, thus not constituting "public works" under New York State Labor Law § 220. Consequently, the Comptroller determined that workers on these projects were not entitled to prevailing wages. The Supreme Court affirmed the Comptroller's decision, finding it had a rational basis and was neither arbitrary nor capricious. The appellate court further affirmed, emphasizing that the primary objective of the work, not incidental public benefit or significant governmental funding, determines if a project is a "public work" subject to prevailing wage requirements, especially when private developers retain ownership and construction risk.

Public WorksPrevailing WageLabor Law § 220Comptroller DeterminationCPLR Article 78 PetitionRational Basis ReviewPrivate ProjectsGovernmental FundingConstruction ContractsAppellate Division
References
2
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. 2017 NY Slip Op 08382 [155 AD3d 1049]
Regular Panel Decision
Nov 29, 2017

Matter of Soliman v. Suffolk County Dept. of Pub. Works

Nader I. Soliman, a Senior Civil Engineer for Suffolk County Department of Public Works, was terminated after an arbitration award found him guilty of misconduct for accessing unauthorized, sexually explicit websites during work hours. Soliman petitioned the Supreme Court, Suffolk County, to vacate the arbitration award, but the court denied the petition, dismissed the proceeding, and confirmed the award. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding that Soliman failed to demonstrate by clear and convincing evidence that the arbitration award was irrational or that the arbitrator exceeded their powers.

MisconductArbitration AwardVacaturCPLR Article 75Appellate ReviewPublic EmploymentTerminationEmployee MisconductRationality of AwardArbitrator Powers
References
10
Case No. CA 13-00579
Regular Panel Decision
Jan 03, 2014

PULVER, MICHELLE v. CITY OF FULTON DEPARTMENT OF PUBLIC

Plaintiff Michelle Pulver commenced a personal injury action against the City of Fulton Department of Public Works and the City of Fulton after she tripped in a hole covered by plywood near a sidewalk. Defendants moved for summary judgment, citing lack of prior written notice. Plaintiff cross-moved for partial summary judgment on liability, alleging the City's affirmative negligence. The Supreme Court denied both motions, finding no prior written notice but potential factual issues regarding affirmative negligence. The Appellate Division modified the order by granting the defendants' motion and dismissing the complaint. The court held that the prior written notice requirement applied and that plaintiff failed to demonstrate that the City engaged in affirmative acts of negligence by creating the defective condition or placing the plywood.

Personal InjuryMunicipal LiabilitySidewalk DefectPrior Written NoticeAffirmative NegligenceSummary JudgmentAppellate ReviewPlywood CoverHole HazardOswego County
References
9
Case No. 2025 NY Slip Op 06579 [243 AD3d 1194]
Regular Panel Decision
Nov 26, 2025

Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Public Empl. Relations Bd. of the State of N.Y.

This case addresses a challenge by the Board of Education of the Newburgh Enlarged City School District (petitioner) to a determination by the Public Employment Relations Board (PERB). PERB had found the district engaged in an improper employer practice by unilaterally transferring the work of counseling non-mandated students from its bargaining unit employees (school social workers and psychologists) to non-unit county social workers. The Appellate Division, Third Department, confirmed PERB's determination, concluding there was substantial evidence that the work was exclusively performed by unit employees and the reassigned tasks were substantially similar. The court dismissed the district's petition and granted PERB's counterclaim for enforcement of its remedial order. This affirms PERB's finding that the district violated the Taylor Law by not negotiating the transfer of bargaining unit work.

Public EmploymentImproper Employer PracticeCollective BargainingBargaining Unit WorkPublic Employment Relations BoardTaylor LawCPLR Article 78Judicial ReviewSubstantial EvidenceSchool Social Workers
References
10
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. MISSING
Regular Panel Decision

County of Westchester v. Arfmann

The case concerns public employees of the Westchester County Department of Public Welfare who engaged in a strike starting March 1, 1967, resulting in a motion for a temporary injunction by the County of Westchester. The employees, including the Westchester Welfare Workers Association, picketed county offices due to reported issues like case overloads and poor working conditions. While defendants claimed illness and presented testimony from a psychiatrist regarding 'adult situational stress reactions,' the court found that the mass absence constituted a strike interfering with welfare services. The court ruled that Section 807 of the Labor Law, which forbids injunctions in labor disputes, does not apply to public employees. Consequently, the court granted the plaintiff's motion for a temporary injunction.

Public Sector StrikeTemporary InjunctionLabor DisputeCivil Service LawEmployee ProtestWestchester CountyWelfare DepartmentIllegal StrikePicket LinesGovernment Employees
References
1
Case No. MISSING
Regular Panel Decision
Mar 19, 1969

Claim of Mulholland v. New York State Department of Public Works

The case involves an appeal by a claimant whose husband, an engineer for the New York State Department of Public Works, died from coronary arteriosclerosis after experiencing significant emotional stress. The stress stemmed from an upcoming experimental meeting and a dilemma regarding the falsification of inventory data to prevent dissipation of stockpiled goods. The appellant contended that this emotional strain was a causal factor in his fatal coronary occlusion. However, the Workmen’s Compensation Board denied benefits, a decision affirmed on appeal. The court ruled that the emotional strain described was not greater than the ordinary stress workers occasionally face, thus not qualifying as an accidental injury under the Workmen’s Compensation Law.

Emotional StressCoronary OcclusionWorkers' Compensation BenefitsAccidental Injury ClaimCausationEmployment-Related StressBoard Decision ReviewJudicial ReviewFatal InjuryWork-Related Death
References
2
Case No. MISSING
Regular Panel Decision

Informal Opinion No.

The opinion addresses whether Rockland County can mandate that 50% of public works project hires be county residents. It analyzes various constitutional clauses, finding the Commerce Clause not an impediment due to the 'market participant' doctrine and congressional authorization for federal funds. It distinguishes a local law from a state law concerning the Privileges and Immunities Clause, suggesting a local law targeting non-county residents (including other state residents) might be valid. The opinion also examines the Equal Protection Clause and bona fide residency requirements, concluding they generally pass the rational basis test. However, it cautions that such a local law must not violate General Municipal Law § 103 competitive bidding requirements, which would be a factual determination on a case-by-case basis.

Public Works ProjectsResident Hiring RequirementsLocal Law AuthorizationCommerce ClausePrivileges and Immunities ClauseEqual Protection ClauseCompetitive BiddingGeneral Municipal LawHome Rule LawMarket Participant Doctrine
References
17
Case No. MISSING
Regular Panel Decision
Dec 20, 1990

United States v. County of Nassau

The case involves the United States and the State of New York (Regulators) moving to hold the County of Nassau and its Department of Public Works (Nassau) in contempt of a Consent Decree or to modify it, due to Nassau's failure to comply with sludge management milestones. Nassau cross-moved to compel payment from a trust account. The court found Nassau in violation of the Decree's provisions but denied the contempt motion because Nassau was paying stipulated penalties. The court also denied the Regulators' motion to modify the Decree by increasing penalties, citing that the existing penalties were agreed upon and additional fines would be punitive against taxpayers. Finally, the court denied Nassau's cross-motion for trust fund disbursement, supporting EPA's decision to withhold funds until Nassau complies with the Decree's construction requirements. The court affirmed that Nassau must pay stipulated penalties for the first day of non-compliance.

Environmental LawConsent DecreeSewage Sludge ManagementOcean Dumping Ban ActStipulated PenaltiesCivil ContemptContract InterpretationMunicipal LawTrust FundsEPA Enforcement
References
22
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