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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
Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law
References
14
Case No. MISSING
Regular Panel Decision
Feb 25, 1976

In re the Claim of Phelosof

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which affirmed the Industrial Commissioner's determination that the claimant was ineligible for benefits under the Federal Special Unemployment Assistance Program (SUA). The claimant, who was terminated from employment by Monroe County, was receiving benefits under the New York State Labor Law based on prior covered employment. The Board denied SUA benefits, reasoning that eligibility for State benefits precluded eligibility for SUA, as the Federal program is intended for those not otherwise eligible for unemployment allowances under any other law. The court affirmed the Board's decision, emphasizing that SUA is not a substitute for minimum wage law or an economic floor, and eligibility under State law disqualifies one from SUA benefits.

Unemployment BenefitsFederal Special Unemployment Assistance ProgramEligibility CriteriaNew York State Labor LawCovered EmploymentUncovered EmploymentUnemployment Insurance Appeal BoardIndustrial CommissionerAppellate ReviewStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision
May 30, 1991

Bonilla v. New York City Civil Service Commission

In a CPLR article 78 proceeding, the petitioner challenged a determination disqualifying him from a civil service eligible list for a sanitation worker position due to a psychiatric disorder. The Supreme Court, New York County, granted the respondents' cross motion to dismiss the petition, citing the petitioner's failure to commence the proceeding before the eligible list expired. The Appellate Division affirmed this decision, relying on established case law such as Matter of Deas v Levitt, which mandates dismissal if a challenge to an eligible list determination is not initiated prior to the list's expiration. This ruling emphasizes the procedural requirement for timely legal action concerning civil service eligible lists.

Civil Service LawEligible ListDisqualificationPsychiatric DisorderNervous BreakdownTimeliness of PetitionExpiration of Eligible ListProcedural DismissalJudicial ReviewAppellate Affirmation
References
12
Case No. MISSING
Regular Panel Decision
Jun 15, 1984

Polito v. Polito

The plaintiff appealed a judgment dismissing her complaint seeking rescission of a release and reformation of a deed, alleging duress. The Supreme Court, Kings County, initially dismissed the complaint. The appellate court found ample evidence of the defendant's physical and emotional abuse, which compelled the plaintiff to sign the release, thus depriving her of free will. The court reversed the lower court's judgment, reinstated the complaint, and remitted the matter for entry of a judgment rescinding the release and reforming the deed to establish joint tenancy of the property.

DuressRescissionDeed ReformationDomestic ViolenceSpousal AbuseJoint TenancyEquitable ReliefAppellate ReviewFree WillRatification of Agreement
References
5
Case No. MISSING
Regular Panel Decision

In re the Claim of Di Ponzio

The claimant was employed until June 20, 1993. On December 10, 1994, the U.S. Department of Labor issued a certificate making workers impacted by X-ray film imports eligible for trade readjustment allowances under the Trade Act of 1974. However, eligibility was specifically limited to workers separated from employment on or after July 11, 1993. The Board denied the claimant's request for an allowance because his separation date preceded this eligibility cutoff. The court affirmed the Board's decision, finding it to be supported by substantial evidence.

Trade Readjustment AllowancesEligibility CriteriaEmployment Separation DateTrade Act of 1974U.S. Department of LaborImport ImpactX-ray Film IndustryBoard DecisionSubstantial EvidenceAffirmed Decision
References
1
Case No. MISSING
Regular Panel Decision

Lugo v. Gaines

This dissenting opinion concerns a petitioner's request for review of a determination terminating his participation in a temporary release program and for monetary damages. The petitioner, an inmate, was removed from the program after a urine sample tested positive for cocaine. The dissent argues that the procedures followed, despite a lack of formal chain of custody documentation, did not violate the petitioner's due process rights, as strict rules of evidence are not required in such disciplinary proceedings. Citing judicial precedent, the dissenting judges emphasize that an inmate's constitutional protections are diminished by institutional needs. Therefore, they would affirm the termination of the petitioner's work release program.

temporary release programdrug testingdue processinmate rightscorrectional facilitiesadministrative hearingchain of custodyurine analysisArticle 78State liability
References
8
Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. MISSING
Regular Panel Decision
Sep 01, 1992

Seelig v. Sielaff

The Supreme Court, New York County, initially issued a judgment enjoining respondents from releasing the social security numbers of correction officers without their consent and ordered the implementation of privacy safeguards. This judgment was subsequently reversed on appeal, vacated, and the proceeding was converted to one for a declaratory judgment. The appellate court declared that the release of correction officers' social security numbers by the respondents, in response to a Public Officers Law § 87 request, constituted an unwarranted invasion of privacy under Public Officers Law § 89 (2), citing federal precedents. The injunctive relief previously granted was also deemed improper as the Personal Privacy Protection Law (Public Officers Law § 92 [1]) exempts local government units and the judiciary from its provisions.

Freedom of Information LawPrivacy InvasionSocial Security NumbersCorrection OfficersPublic Officers LawDeclaratory JudgmentAppellate ReviewGovernment RecordsConfidentialityCPLR Article 78
References
9
Case No. MISSING
Regular Panel Decision
Jul 06, 1988

Gelin v. Perales

This case concerns an appeal by the Nassau County Commissioner of Social Services from a Supreme Court judgment in a CPLR article 78 proceeding. The proceeding was initiated by Octoleme Gelin to compel compliance with determinations from the New York State Commissioner of Social Services, which had reversed denials of public assistance applications. The Supreme Court directed the local Commissioner to redetermine Gelin's financial eligibility and awarded attorney's fees. On appeal, the court found the local agency's contention of compliance meritless regarding eligibility determination. However, the appellate court ruled that the award of attorney's fees under 42 USC § 1988 was erroneous because the petitioner's federal claim, based on 45 CFR 205.10 (a) (16), was found to be insubstantial and failed the Gibbs test.

Public AssistanceAttorney's FeesCPLR Article 78Fair HearingSocial Services LawEligibility for BenefitsJudicial ReviewAppellate DivisionFederal Constitutional ClaimState Constitutional Claim
References
3
Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
2
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