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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 657577/19
Regular Panel Decision
Sep 11, 2025

McMillian v. Out-Look Safety LLC

This case involves an appeal concerning an order from the Supreme Court, New York County, which granted class certification to plaintiffs Craig McMillian, Eian McMillian, and Victor Ballast. The plaintiffs, identified as non-union construction "flaggers," asserted that they were unlawfully paid below the prevailing wage for public works projects in New York City, having been misclassified as "crossing guards" or "traffic control." The lawsuit targeted Out-Look Safety LLC, Restani Construction Corp., Triumph Construction Corp., Elecnor Hawkeye, LLC, and Safeway Construction Enterprises, LLC. The Appellate Division, First Department, affirmed the Supreme Court's decision, determining that the plaintiffs had adequately demonstrated the prerequisites for class certification under CPLR 901(a), including numerosity, commonality, typicality, and superiority. Additionally, the Appellate Division concurred that the Supreme Court's modified class definition successfully circumvented the creation of an impermissible "fail-safe" class.

Class certificationPrevailing wage disputeConstruction flaggersMisclassificationCPLR 901(a) factorsNumerosityCommonalityTypicalitySuperiorityFail safe class
References
15
Case No. CA 12-01288
Regular Panel Decision
Apr 26, 2013

GILES, SHAWN v. YI, A. GI

Plaintiff sought damages for injuries allegedly sustained from lead-based paint exposure. Defendants moved to compel plaintiff to produce medical reports detailing diagnosis and causal link to lead exposure before conducting medical examinations. The Supreme Court granted defendants' motion and denied plaintiff's cross-motion for a protective order. The Appellate Division affirmed this decision, finding that given the complexity of lead paint cases where injuries are not specific and a direct causal link was absent from initially disclosed records, the trial court did not abuse its discretion in requiring proof of medical causation prior to defense medical examinations. The dissent argued this requirement imposes an unduly burdensome expert witness obligation not envisioned by relevant procedural rules.

Lead PaintPersonal InjuryDiscoveryMedical ExaminationCPLR 312122 NYCRR 202.17CausationExpert WitnessProtective OrderAppellate Review
References
18
Case No. MISSING
Regular Panel Decision
May 03, 2004

Ulloa v. Universal Music and Video Distribution Corp.

Plaintiff Demme Ulloa initiated legal action against Universal Music and Video Distribution Corp., Island Def Jam Music Group, Roc-A-Fella Records, LLC, and Shawn Carter, alleging copyright infringement, false designation of origin under the Lanham Act, unjust enrichment, joint authorship, and an accounting of sales. Ulloa claimed to have spontaneously created a vocal counter-melody for Shawn Carter's song "Izzo (H.O.V.A.)" which was later used without proper credit or compensation. The Court granted the defendants' motion for summary judgment on the claims of joint authorship and Lanham Act violations, dismissing them. However, it denied both parties' motions for summary judgment regarding copyright infringement, citing unresolved factual disputes concerning originality, work-for-hire status, and implied license. Additionally, the defendants' motions to dismiss the unjust enrichment claim and to bifurcate the trial were denied.

Copyright InfringementLanham ActUnjust EnrichmentJoint AuthorshipSummary JudgmentWork for HireImplied LicenseMusical CompositionSound RecordingOriginality
References
31
Case No. 2021 NY Slip Op 04638 [197 AD3d 800]
Regular Panel Decision
Aug 05, 2021

Matter of McMillian v. Krygier

Petitioner, an incarcerated person, challenged a reduction in his pay rate by the Department of Corrections and Community Supervision (DOCCS) after refusing to participate in recommended programming. His grievance was denied by the facility Superintendent and his subsequent appeal to the Central Office Review Committee (CORC) remained undecided for over eight months. Petitioner then initiated a CPLR article 78 proceeding, which the Supreme Court dismissed on the merits. On appeal, the Appellate Division affirmed the Supreme Court's judgment. The court found that exhaustion of administrative remedies was excused due to both futility and the presence of pure questions of law, concluding that DOCCS's policies linking pay reduction to program refusal were within its statutory authority and were properly applied.

Inmate RightsPrison AdministrationAdministrative RemediesExhaustion DoctrineCPLR Article 78 ReviewNew York State LawCorrectional FacilitiesDue ProcessGrievance ProceduresJudicial Review
References
30
Case No. ADJ2089309 (RDG 0122630)
Regular
Aug 19, 2009

SHAWN McMILLIAN vs. POINTER ENTERPRISES 416, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. The judge improperly reserved jurisdiction on temporary disability for periods not raised for trial and unilaterally issued a notice of intention to impose a penalty without a filed petition. These actions exceeded the scope of issues presented and improperly advocated for the applicant. The case is remanded for further proceedings on the issues originally raised by the parties.

Workers' Compensation Appeals BoardShawn McMillianPointer Enterprises 416Inc.California Restaurant Mutual Benefit CorporationADJ2089309Industrial InjuryNeck and Back InjuryTemporary DisabilityPermanent Disability
References
0
Case No. ADJ3799579 (VNO 0474814) ADJ1009432 (VNO 0518597)
Regular
Jun 16, 2010

SHAWN PETTWAY vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT

This case concerns whether Labor Code section 4062 or 4062.2 governs the medical evaluation process for applicant Shawn Pettway's injuries. The Workers' Compensation Appeals Board (WCAB) granted the defendant school district's petition for removal. The WCAB found that since Pettway's injuries occurred prior to January 1, 2005, the older section 4062 applies, entitling the defendant to select its own Qualified Medical Evaluator if an Agreed Medical Evaluator cannot be reached. Consequently, the WCAB rescinded the prior order compelling the parties to agree on an AME or panel.

Petition for RemovalAgreed Medical EvaluatorQualified Medical EvaluatorLabor Code Section 4062Labor Code Section 4062.2Industrial InjuriesCampus SupervisorBack InjuryInternal InjuryKidney Injury
References
1
Case No. 525127
Regular Panel Decision
Jan 18, 2018

Matter of Maloney v. Wende Corr. Facility

Claimant Shawn Maloney, a correction officer, injured his right shoulder while working at Wende Correctional Facility. His workers' compensation claim was established. Conflicting medical reports from his treating orthopedist, Michael Grant (90% SLU), and an independent medical examiner, Gregory Shankman (50% SLU), led to a hearing. The Workers' Compensation Law Judge (WCLJ) credited Shankman's opinion, finding a 50% schedule loss of use (SLU) of the right arm. The Workers' Compensation Board upheld this decision. On appeal, the claimant argued the employer waived defenses by not filing a prehearing conference statement, but the court disagreed, noting the claim was not controverted. The Appellate Division affirmed the Board's decision, finding substantial evidence supported crediting Shankman's medical opinion due to the Board's precedent against duplicative assignments of loss of use values for anterior flexion and abduction deficits.

Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryOrthopedic EvaluationMedical Expert TestimonyConflicting Medical EvidenceAppellate Division Third DepartmentPrehearing Conference Statement RuleWaiver of DefensesMedical Impairment Guidelines
References
8
Case No. 1:03 CV 00770(NPM)
Regular Panel Decision
May 02, 2005

Swindell v. NEW YORK STATE DEPT. OF ENVIRON. CON.

Plaintiffs Kathleen Swindell, Celine D. Olsen, Clare Loiacono, and Shawn Hardwick filed a civil rights action against the New York State Department of Environmental Conservation and several individual defendants. The complaint alleged constitutional violations under 42 U.S.C. § 1983 and various state tort claims, stemming from their arrest by Environmental Conservation Officer Eric Roderick at a campground. Earlier, defendants DEC, Ellithorp, Florence, and Holmes were dismissed. The court granted summary judgment to defendant Heinrich on all claims and to defendant Roderick on claims brought by Hardwick and specific claims by Swindell. Ultimately, the court concluded that Roderick was entitled to qualified immunity on the remaining federal claims of false arrest, excessive force, due process, and malicious prosecution. Consequently, summary judgment was granted to Roderick and Heinrich on all federal claims, and the remaining state law claims were dismissed due to a lack of subject matter jurisdiction.

Civil RightsQualified ImmunityFalse ArrestExcessive ForceMalicious ProsecutionDue ProcessSummary JudgmentFourth AmendmentEighth AmendmentState Tort Claims
References
25
Case No. MISSING
Regular Panel Decision
Jun 25, 1992

In re Shawn V.

Respondent appealed an order from the Family Court of Montgomery County which adjudicated him a juvenile delinquent for petit larceny and placed him in a State Division for Youth facility for 12 months. Respondent argued that this placement was not the least restrictive available alternative under Family Court Act § 352.2 (2). The Appellate Division affirmed the Family Court's decision, finding that extensive reports, including psychiatric, psychological, and probation reports, evidenced serious emotional and behavioral problems, a history of aggressive and antisocial conduct, and a clear threat to both himself and the community. Professionals consistently recommended secure placement, deeming direct community placement unwise due to the risk of continued antisocial behavior, and the examining psychologist indicated a risk of sex offense. The court concluded that ample evidence supported the Family Court's determination that placement in a Division for Youth facility was the appropriate least restrictive alternative.

Juvenile DelinquencyFamily Court ActLeast Restrictive AlternativeState Division for YouthPetit LarcenyBehavioral DisordersEmotional DisturbancesCommunity SafetyPsychiatric EvaluationProbation Report
References
4
Case No. MISSING
Regular Panel Decision

State v. Shawn X.

The case concerns an appeal by a respondent, previously convicted of sodomy and rape, who was civilly committed under Mental Hygiene Law article 10 for being a sex offender requiring civil management. The jury found he suffered from a mental abnormality predisposing him to sex offenses. On appeal, the respondent challenged the jury's finding as against the weight of the evidence, arguing against expert testimony and the use of the DSM-IV. He also claimed evidentiary errors and that the imposed regimen of strict and intensive supervision and treatment (SIST) infringed upon his parental and marital rights. The court affirmed the lower court's order, finding no errors in the jury's verdict, the evidentiary rulings, or the SIST conditions, which included provisions for future judicial review regarding his son.

Sex Offender Civil ManagementMental AbnormalityPedophilia DiagnosisDSM-IV CriteriaExpert Witness TestimonyPost-Release SupervisionParole ViolationEvidentiary ErrorsParental RightsStrict and Intensive Supervision and Treatment (SIST)
References
8
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