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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

Coniglio v. Coniglio

This is a proceeding under New York's Uniform Support of Dependents Law (USDL) initiated to seek child support for Jennifer Coniglio from her father, the respondent. A hearing examiner initially recommended a bifurcated support order of $60 per week during the respondent's employment season and $25 per week during unemployment, based on his seasonal construction work. The respondent objected to these findings, challenging the court's jurisdiction due to a pre-existing divorce decree that included child support provisions. Judge Anthony F. Bonadio, referencing Lebedeff v Lebedeff and Nichols v Bardua, ruled that the USDL provides an additional remedy, not a modification, and affirmed the court's jurisdiction to determine support de novo, without being bound by the Supreme Court decree. Considering the approximate equal incomes of both parents, the court set a new support order for the respondent at $30 per week, to be paid through the support collection unit, and ordered him to maintain medical and dental insurance for Jennifer Coniglio as per the separation agreement.

Child Support EnforcementUniform Support of Dependents LawJurisdictional DisputeDe Novo DeterminationParental Financial ContributionSeasonal Employment IncomeUnemployment Benefits ConsiderationMedical Insurance ProvisionDivorce Decree InteractionSupport Collection Unit
References
5
Case No. MISSING
Regular Panel Decision

Leonard v. Leonard

This case concerns appeals from two orders of the Family Court of Delaware County, entered on September 19, 1983. The first order dismissed the respondent's cross-petition for a downward modification of a prior support order. The second order found the respondent in willful violation of a December 9, 1982 support order, fixing arrears at $665. The respondent had previously received a suspended 60-day jail sentence conditioned on keeping support payments current. The respondent argued that his unemployment and reduced workers' compensation benefits justified a modification and that the finding of willful violation was erroneous. The appellate court conducted a careful review of the record and affirmed the Family Court’s findings and determinations without costs.

Family LawChild SupportSupport OrderArrearsWillful ViolationModificationAppealUnemploymentWorkers' Compensation BenefitsAppellate Review
References
3
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision
Nov 14, 1991

Pellach v. Pellach

The Supreme Court modified an earlier order denying plaintiff's motion to reopen a maintenance and support hearing and compel defendant's physical examination. The record before the Special Referee was reopened, allowing the plaintiff to subpoena defendant's bank account records due to alleged discovery of new information and previous attorney refusal. However, the court affirmed the denial of the physical examination request, noting the defendant's prior adjudication of permanent disability by the Workers’ Compensation Board. The delay in the divorce action, pending since 1988, was largely attributed to the defendant's frequent changes of attorneys.

DivorceMaintenanceSupportFinancial DisclosureBank AccountsPhysical ExaminationWorkers' CompensationJudicial DiscretionAppellate ReviewReopening Record
References
1
Case No. ADJ3085614
Regular
May 21, 2009

Jose Ambriz vs. DESIGN SUPPORT, INC., ZURICH NORTH AMERICA

Defendant Design Support, Inc. and Zurich North America sought reconsideration after their Petition for Dismissal for Lack of Prosecution was denied for failure to serve the applicant's attorney of record. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that the dismissal notice was not filed with the Board and the attorney remained listed as counsel of record. Therefore, service was required, and the original denial was proper.

Petition for ReconsiderationDismissal for Lack of ProsecutionService of ProcessApplicant's AttorneyWorkers' Compensation Appeals BoardOfficial Address RecordWCJ ReportFaxed NoticeEAMSExcess of Powers
References
0
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. ADJ1715257
Regular
Dec 10, 2010

BYRON BREAULT vs. F MCLINTOCKS SALOON, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the record inadequate to support the finding of 100% permanent disability. The Board noted due process concerns due to the inadequate record and the WCJ's lack of specific evidentiary support for the decision. The case was returned to the trial level for further proceedings to create a proper record and address vocational evidence concerning earning capacity. The WCJ must ensure all evidence is formally offered and ruled upon, and the decision must be based on specific evidence, not personal opinion.

Petition for ReconsiderationGood Cause to ReopenPermanent Disability RatingVocational Rehabilitation ExpertDue ProcessInadequate RecordSub Rosa VideoSubstantial EvidenceTotal Loss of Earning CapacityFuture Earning Capacity
References
6
Case No. MISSING
Regular Panel Decision
Oct 08, 1986

Claim of Fischer v. Princess Ribbon Corp.

The Special Disability Fund appealed a Workers’ Compensation Board decision, which found the employer and its insurance carrier eligible for reimbursement under Workers’ Compensation Law § 15 (8) for death benefits paid to the claimant’s widow and minor child. The Fund argued that the employer lacked knowledge of the claimant's preexisting permanent physical impairment, a requirement for reimbursement, and also contested the necessity for an 'informed decision' by the employer. The court found substantial evidence supporting the Board’s conclusion that the employer's secretary/treasurer had knowledge and a good-faith belief in the impairment’s permanency. Additionally, the Fund contended that the Board failed to address the contribution of the preexisting impairment to the claimant's death and that the record lacked supporting evidence for such a finding. The court affirmed the Board's decision, stating that the Board had addressed the contribution issue and that substantial evidence in the record supported its conclusion.

Workers' CompensationSpecial Disability FundReimbursementPreexisting Permanent Physical ImpairmentEmployer KnowledgeWorkers' Compensation Law § 15 (8)Death BenefitsAppellate ReviewSubstantial EvidenceRetroactive Effect of Amendment
References
4
Case No. MISSING
Regular Panel Decision

Hyek v. Field Support Services, Inc.

Plaintiff Audra Hyek initiated an action against her former employer, Field Support Services, Inc. (FSSI), alleging gender discrimination under Title VII and the New York State Human Rights Law (NYSHRL). FSSI moved for summary judgment, which the court reviewed under the McDonnell Douglas burden-shifting framework. The court found that Plaintiff failed to establish a prima facie case of gender discrimination, specifically regarding disparate treatment in equipment, training, policy enforcement, or her termination compared to a male co-worker. Additionally, Plaintiff's hostile work environment claim was deemed abandoned due to her failure to address Defendant's arguments in opposition papers. Consequently, the court granted FSSI's motion for summary judgment, dismissing all of Plaintiff's claims.

Employment DiscriminationGender DiscriminationTitle VIINYSHRLSummary JudgmentDisparate TreatmentHostile Work EnvironmentMcDonnell Douglas FrameworkPrima Facie CasePretext
References
70
Case No. MISSING
Regular Panel Decision
Oct 21, 1986

Drago v. Drago

The father appealed a Family Court order from Nassau County, directing him to pay weekly child support and arrears to the Support Collection Unit for his daughter. The daughter, after her parents' divorce, was forced to leave her mother's home and was subsequently turned away by her father. She then sought refuge in a state-funded program and initiated support proceedings against her parents. The Family Court found the father still obligated to support her until age 21, rejecting his arguments that she forfeited support by leaving home or not adhering to his conditions. The appellate court affirmed the decision, finding the daughter had good cause to leave her parents' homes and her father's demands for her to attend boarding school or join the military were unreasonable.

Child SupportParental ObligationFamily CourtNassau CountyAppealAffirmed DecisionEmancipationParental ResponsibilityRunaway YouthGood Cause
References
9
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