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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
May 19, 1994

People v. Chi Keung Seto

The defendant, Chi Keung Seto, moved to dismiss his indictment, which included charges of first-degree kidnapping and second-degree assault, citing a violation of his speedy trial rights under CPL 30.30. The legal action began in November 1990, but a bench warrant was issued in March 1991 after Seto failed to appear in court. The People contended they exercised due diligence in locating Seto, who was later discovered to have been a shooting victim, comatose in a hospital under a different identity, and subsequently transferred to a rehabilitation center and then to California. Following a May 1994 hearing, the court, presided over by Justice Alfred H. Kleiman, ruled that the prosecution's efforts constituted due diligence despite not linking the shooting victim to the outstanding warrant. Consequently, the court denied the defendant's motion to dismiss the indictment.

Speedy TrialCPL 30.30Due DiligenceBench WarrantIndictment DismissalFelony ChargesKidnappingAssaultCriminal Possession of WeaponFugitive Search
References
13
Case No. MISSING
Regular Panel Decision

O'Donnell v. Town Board of Amherst

The case centers on a challenge by petitioners against the Amherst Town Board's three-year bait-and-shoot deer management program. Petitioners asserted that the Town Board's issuance of a negative declaration under the State Environmental Quality Review Act (SEQRA) was flawed due to a lack of data on the program's potential environmental impact. The court determined that the Town Board's negative declaration was irrational and violated the spirit and letter of SEQRA because it was made without knowing the number of deer that would be killed, thereby precluding a proper assessment of significant environmental effects. Consequently, the court annulled the Town Board's March 4, 1996 resolution approving the program and the associated negative declaration. The decision mandates that the Town initiate a new SEQRA review process if it intends to implement any future bait-and-shoot programs.

Environmental LawSEQRADeer ManagementBait-and-shoot ProgramNegative DeclarationEnvironmental Impact StatementCPLR Article 78 ProceedingDeclaratory Judgment ActionTown BoardWildlife Management
References
14
Case No. MISSING
Regular Panel Decision

Sgueglia v. Kelly

The petitioner, Stephen T. Sgueglia, initiated a CPLR article 78 proceeding against the respondent, the New York City Police Department, challenging its denial of a target shooting endorsement. This endorsement would permit him to travel outside New York City with his premises residence handgun license for target shooting activities. The court analyzed the case under the arbitrary and capricious standard and the equal protection clause, noting that petitioner's previously held target license was converted to a premises residence license with travel restrictions within NYC. The court concluded that the respondent's rules are rational, serving the compelling interest of public safety by limiting firearms in public. It further found no equal protection violation, as the distinction between hunters (who can travel) and target shooters is rational and not based on a suspect class or malicious intent. Therefore, the petition was denied, and the proceeding was dismissed.

Firearm LicensingPistol LicenseTarget Shooting EndorsementPremises Residence LicenseCPLR Article 78Equal ProtectionAdministrative LawPublic SafetyGun ControlSecond Amendment
References
8
Case No. ADJ3962190 (VNO 0406509)
Regular
Jun 15, 2012

VOLODYMYR NAUMENKO vs. TECHNICAL TROUBLE SHOOTING, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights. The petition was also denied regarding removal, as the petitioner failed to demonstrate substantial prejudice or irreparable harm. A joinder petition by Liberty Mutual and Golden Eagle was dismissed for not being timely filed. Therefore, the Board dismissed the reconsideration petition and denied the removal petition.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLabor CodeWCABWCJ's ReportPrejudiceIrreparable Harm
References
10
Case No. ADJ2423806 (LAO 0883885)
Regular
Feb 11, 2010

BASIL PERKINS vs. CITY OF LOS ANGELES, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding of an industrial injury. The Board found that the applicant, an animal control officer, was injured while off-duty and resting in his employer's vehicle after his shift. Crucially, the applicant was neither a peace officer under Government Code section 50920 nor acting within the scope of his employment at the time of the shooting. Therefore, his injury did not arise out of and occur in the course of employment.

Workers' Compensation Appeals BoardIndustrial injuryPeace officerCourse of employmentProximate causeLabor Code section 3600Labor Code section 3600.2Government Code section 50920Penal Code section 830.9Animal control officer
References
3
Case No. ADJ2423806
Regular
Jun 07, 2010

BASIL PERKINS vs. CITY OF LOS ANGELES

In this workers' compensation case, the applicant, Basil Perkins, sought reconsideration after his claim for an industrial injury was denied. Perkins argued he was denied due process and that his injury was compensable under several doctrines, including positional and special risk, while also asserting employment motivation for the assault. The Appeals Board admitted a security bulletin provided by the applicant but found it irrelevant as it described tactics dissimilar to the applicant's shooting and was issued over two years after the injury. Ultimately, the Board affirmed its prior decision denying the applicant's claim.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryDue ProcessPositional Risk DoctrineSpecial Risk DoctrineSecurity BulletinAnimal Rights GroupsEmployment-Related AssaultInference of Motivation
References
0
Case No. ADJ8270940
Regular
Oct 24, 2016

UBALDO GARZA vs. CITY OF FRESNO, Permissibly Self-Insured C/O RISICO Claims Management

This case concerns applicant Ubaldo Garza's claim for industrial psychiatric injury following a 2005 shooting incident. The defendant, City of Fresno, argued the claim was barred by the statute of limitations. However, the Board affirmed the WCJ's finding that the claim was timely filed because applicant received compensable psychiatric treatment in July 2011. This treatment was deemed related to the 2005 injury, as per the Agreed Medical Examiner's opinion, and occurred within one year of filing the application. Therefore, the City's statute of limitations defense failed.

Workers' Compensation Appeals BoardUbaldo GarzaCity of Fresnopolice officerindustrial injuryright armlegspsychiatric injurycompensable consequencestatute of limitations
References
1
Case No. MISSING
Regular Panel Decision
Dec 18, 1990

People v. Lovett

The Supreme Court of New York County rendered a judgment on December 18, 1990, convicting the defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees. The defendant was sentenced as a second felony offender. The judgment was unanimously affirmed. The evidence at the hearing demonstrated that responding officers observed a person matching the perpetrator's description fleeing the scene of a shooting. Subsequently, the defendant, who was the only individual in the vicinity and matched the description, exhibited evasive conduct and attempted to flee upon police approach, which provided sufficient grounds for investigative action.

criminal possession of a weaponsecond degreethird degreefelony offenderjury trialpolice investigationflightevasive conductprobable causeSupreme Court
References
0
Case No. MISSING
Regular Panel Decision

People v. Ennis

Sheldon Ennis was convicted of drug conspiracy, assault, and weapon possession. He appealed, alleging ineffective assistance of counsel due to his lawyer's failure to utilize exculpatory information: his brother Aaron's statement claiming he, not Sheldon, committed a shooting. Both the trial and appellate courts denied relief, reasoning that Aaron's statement was inadmissible due to Fifth Amendment privilege and hearsay rules. The Court of Appeals affirmed, concluding that counsel's performance was not constitutionally deficient because the exculpatory evidence lacked an admissible avenue to the jury, thus rendering its non-disclosure non-material under Brady.

Ineffective Assistance of CounselBrady ViolationHearsay ExceptionFifth Amendment PrivilegeDeclarations Against Penal InterestCriminal ConspiracyAssaultWeapon PossessionAppellate ReviewEvidence Admissibility
References
13
Case No. MISSING
Regular Panel Decision

People v. Barnes

The appellate court reversed a murder conviction, finding the People failed to prove the defendant's sanity beyond a reasonable doubt. The defendant, charged with murder for shooting a co-worker, had raised an insanity defense. Two court-appointed psychiatrists testified that he suffered from paranoid schizophrenia and lacked the capacity to understand his actions. The court ruled that the trial court erred in denying the defendant's motion to set aside the verdict. Consequently, the case was remitted to the trial court with directions to enter a directed verdict of not responsible by reason of mental disease or defect and to issue an examination order.

Insanity defenseMurderSchizophreniaParanoid typeCriminal procedureBurden of proofSanityAppellate reviewRemittalDirected verdict
References
6
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