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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

O'Neal v. Archdioceses of New York

In this dissenting opinion, Judge Crane argues for the reversal of an order that granted summary judgment, dismissing a complaint against the Archdioceses of New York and Pius 12 Residential Services — Chester Campus Program. The core issue revolves around the defendants' alleged negligent supervision, leading to an assault where student William Cook broke Israel O'Neal's jaw. Judge Crane contends that the defendants failed to demonstrate a lack of actual or constructive notice regarding Cook's documented violent tendencies, citing extensive behavioral records. Contrary to the majority's view of an impulsive attack, the dissent details a prolonged altercation between the students, suggesting supervisory staff had ample opportunity to intervene. Therefore, the dissenting judge concludes that the motion for summary judgment should have been denied, and the complaint reinstated.

Negligent SupervisionSummary Judgment MotionDissenting OpinionSchool LiabilityStudent InjuryActual NoticeConstructive NoticeAssault and BatteryProximate CauseEducational Institutions
References
10
Case No. MISSING
Regular Panel Decision

In re Stein

The case concerns a petitioner seeking reimbursement from the City of New York for the tuition and maintenance of a handicapped child, Ronnie, at a residential facility and a summer program. The court previously established that financially able parents are responsible for maintenance costs. The primary novel issue addressed was whether the summer program constituted a necessary educational expense or an extra benefit. The court determined that Ronnie's summer attendance was an extension of his educational process, not recreational, and thus a necessary expense. Consequently, the petitioner was granted reimbursement for tuition for both the regular school year and the summer program, but denied reimbursement for maintenance at the residential facility.

Handicapped Education LawSpecial Needs ChildrenTuition CostsParental ContributionSummer Educational ProgramsResidential FacilityFamily Court JurisdictionEducational ReimbursementOrganic Brain SyndromeMental Retardation
References
8
Case No. 2025 NY Slip Op 25022
Regular Panel Decision
Jan 29, 2025

Matter of Mountainside Residential Care Ctr. (S.O.)

Mountainside Residential Care Center petitioned for a guardian for S.O., an undocumented stroke patient needing Medicaid for care. The Supreme Court, Delaware County, appointed S.O.'s children, C.O. and S.O., Jr., as co-guardians of his property. The core issue was granting guardians authority to interact with federal immigration agencies (USCIS/ICE) to pursue Permanent Residence Under Color of Law (PRUCOL) status, essential for S.O. to qualify for Medicaid benefits. The court granted this authority, emphasizing the guardians' discretion and the sealed nature of the case, to allow the family to navigate the complex process for obtaining critical healthcare funding.

GuardianshipIncapacitated PersonsMedicaid EligibilityUndocumented ImmigrantsPRUCOL StatusImmigration LawHealth Care BenefitsElder CareFamily GuardiansCourt Orders
References
1
Case No. 2022 NY Slip Op 22387 [77 Misc 3d 20]
Regular Panel Decision
Dec 20, 2022

Singletary v. Residential Mgt. Inc.

The Supreme Court, Appellate Term, First Department, affirmed a judgment against Residential Management Inc. et al., landlords, for civil penalties. The initial decision found the landlords liable for failing to correct housing violations, as established by tenant testimony, photographic evidence, and subsequent inspections by the Department of Housing Preservation and Development (HPD). The landlords' defense of lack of access was rejected, as the record indicated multiple access dates and testimony from their own workers inconsistent with denial of access. Furthermore, the court found the landlords' argument regarding the Eighth Amendment's Excessive Fines Clause unpreserved and without merit, reasoning that the penalties served a remedial purpose to ensure compliance with housing standards. The court also determined that the penalty schedule was not grossly disproportionate to the offense, and landlords had the ability to mitigate fines by correcting violations promptly.

Housing ViolationsCivil PenaltiesLandlord LiabilityExcessive Fines ClauseEighth AmendmentAdministrative Code § 27-2115Lack of Access DefenseAppellate ReviewRemedial PurposeHousing Maintenance Standards
References
9
Case No. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. 142 SSM 33
Regular Panel Decision
Nov 16, 2017

The Matter of the Claim of Lidia Burgos v. Citywide Central Insurance Program

The New York Court of Appeals affirmed the order of the Appellate Division. The decision concerned the claim of Lidia Burgos against Citywide Central Insurance Program and the Workers' Compensation Board. The Appellate Division had concluded that substantial evidence supported the Workers' Compensation Board's determinations regarding the claimant's degree of impairment and loss of wage-earning capacity. The Court of Appeals found no reason to overturn this conclusion.

Workers' CompensationImpairmentWage-earning CapacitySubstantial EvidenceAppellate DivisionClaimantInsurance ProgramBoard DeterminationJudicial ReviewAffirmed Order
References
1
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
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. MISSING
Regular Panel Decision

People v. Cephas

This case involves an appeal concerning a defendant's motion for resentencing. The lower court initially denied the motion, citing the defendant's extensive criminal history and past failures despite completing rehabilitation programs. However, the appellate court determined that the defendant's recent exemplary conduct during imprisonment, including the completion of several work and substance abuse treatment programs, coupled with highly favorable evaluations from corrections officials, outweighed their prior criminal record. Additionally, the defendant's acceptance into a two-year residential treatment program provided a new level of support. Consequently, the appellate court exercised its discretion to specify an appropriate resentence, concluding that substantial justice did not warrant the denial of resentencing. The People's arguments challenging the defendant's statutory eligibility for resentencing were found not cognizable on this appeal.

Resentencing AppealCriminal ProcedureExemplary ConductRehabilitationSubstance Abuse TreatmentJudicial DiscretionAppellate ReviewSentencing ReformCriminal HistoryPanel Decision
References
3
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