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

Case No. 2022 NY Slip Op 01011
Regular Panel Decision
Feb 16, 2022

Hamm v. Review Assoc., LLC

The plaintiff, Peter Hamm, an employee, sustained injuries after falling from a ladder while servicing a security system at premises owned by Review Associates, LLC and leased by Fresh Direct, LLC. He initiated a personal injury action alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The Supreme Court initially granted summary judgment to the defendants, dismissing the complaint. On appeal, the Appellate Division modified this order, denying summary judgment for the Labor Law § 240(1) claim against both defendants due to triable issues of fact regarding whether the work constituted "repairs" or "routine maintenance." Additionally, the court denied summary judgment for the common-law negligence and Labor Law § 200 claims against Fresh Direct, LLC, as it failed to establish a lack of notice regarding the defective ladder. The court affirmed the dismissal of the Labor Law § 241(6) claim against both defendants and the common-law negligence and Labor Law § 200 claims against Review Associates, LLC.

Personal InjuryLadder AccidentLabor Law § 240(1)Labor Law § 200Common-law NegligenceSummary JudgmentAppellate DivisionDuty to Maintain Safe PremisesRoutine Maintenance vs. RepairDangerous Condition
References
44
Case No. MISSING
Regular Panel Decision

Cerminaro v. Board of Regents

The case concerns a petitioner, a licensed registered nurse, who challenged the revocation of her license due to professional misconduct, including sexual contact with a patient and co-workers. Initially, a hearing panel found her guilty based on a "substantial legal evidence" standard. However, during the process, the Education Law was amended to require a "preponderance of the evidence" standard. While the initial panel failed to apply the stricter standard, the Regents Review Committee and the Board of Regents applied the correct standard during their review and affirmed the findings of guilt, recommending license revocation. The court confirmed this determination, finding sufficient evidence to support the decision and concluding that the procedural error was remedied by the subsequent reviews.

professional misconductnurse licenselicense revocationstandard of proofpreponderance of evidencesubstantial legal evidenceEducation Law violationsBoard of Regents decisionsexual misconduct chargesadministrative appeal
References
7
Case No. MISSING
Regular Panel Decision
Aug 18, 1997

Merlino v. Schneider

The petitioner, a Spanish-speaking community-service worker, was denied civil service employment as a probation investigator after failing the oral portion of an examination. She challenged this denial, arguing that the oral exam lacked objective standards and that she was denied proper administrative review due to the respondents' refusal to provide an audiotape of her examination. The Supreme Court initially denied her petition, dismissing the proceeding. However, the appellate court reversed the judgment, finding significant procedural shortcomings in the examination process and the administrative appeal. The court concluded that the petitioner's right to have her competency judged in a competitive examination process was violated and remitted the matter to the respondents for reconsideration pursuant to objective standards.

Civil ServiceOral ExaminationEmployment CertificationAdministrative ReviewObjective StandardsDue ProcessPublic EmploymentRemandAppealDiscretion
References
10
Case No. MISSING
Regular Panel Decision
Jan 05, 2006

Toussaint v. Angello

The petitioners sought a determination that the respondent, Commissioner of Labor, violated Labor Law § 27-a (4) (b) by not adopting a safety standard recommended by the New York State Occupational Safety and Health Hazard Abatement Board. The Supreme Court denied this petition, and that decision was subsequently affirmed. The appellate court clarified that the statute does not compel the Commissioner to automatically promulgate all Board recommendations. Instead, it mandates consultation and a showing of necessity for any new standard. The Commissioner's decision to return the proposal for further review was therefore deemed a lawful exercise of authority, not arbitrary or capricious.

Labor LawSafety StandardsOccupational SafetyHazard Abatement BoardCommissioner of LaborStatutory InterpretationPromulgation of RegulationsJudicial ReviewAdministrative LawMinisterial Duty
References
2
Case No. MISSING
Regular Panel Decision
Oct 03, 2002

Depew v. Lancet Arch, Inc.

This case involves an appeal from a Workers’ Compensation Board decision that denied the claimant's application for reconsideration and/or full Board review. Previously, the Board had found that the claimant did not sustain an accidental injury in the course of employment and denied workers’ compensation benefits. The claimant sought to reopen the matter based on "newly discovered evidence," including a coworker's testimony from a discrimination suit and medical reports prepared after the case was closed. The court affirmed the Board's denial, concluding that the "newly discovered evidence" did not meet the standards set forth in 12 NYCRR 300.14, as the coworker's information was not new, and the medical evidence was not shown to be unavailable at the original hearings. The court limited its review to whether the denial of reconsideration was arbitrary and capricious or an abuse of discretion.

Workers’ Compensation BoardAppealReconsiderationFull Board ReviewNewly Discovered EvidenceCausally Related DisabilityProcedural StandardsMedical EvidenceAbuse of DiscretionArbitrary and Capricious
References
4
Case No. MISSING
Regular Panel Decision

Caruso v. Civilian Complaint Review Board

This CPLR article 78 proceeding was brought by police officers in the City of New York to permanently enjoin the enforcement of section 440 of the New York City Charter, which established a new Civilian Complaint Review Board (CCRB). Petitioners argued that section 440 failed to protect their constitutional privilege against self-incrimination, was unconstitutionally vague, and violated their contractual rights. The court held that use immunity automatically attaches by operation of law when public employees are compelled to testify under threat of dismissal, thereby safeguarding their Fifth Amendment rights without explicit statutory authorization. It further determined that the City Charter constituted a 'change in the law,' preventing any impairment of contractual rights. Consequently, the court denied injunctive relief and dismissed the petition.

Self-incriminationUse immunityFifth AmendmentCPLR Article 78Police misconductCivilian oversightConstitutional lawDue processCollective bargainingNew York City Charter
References
7
Case No. MISSING
Regular Panel Decision

Fourth Branch Associates v. Department of Environmental Conservation

Petitioners Joseph Harris and Fourth Branch Associates initiated a CPLR article 78 proceeding challenging the New York State Department of Environmental Conservation (NYSDEC)'s issuance of a 'Notice of Complete Application and Determination of No Significance' and a '401 Water Quality Certificate' for a proposed hydroelectric project by ENERCO Corporation and Adirondack Hydro Development Corporation (AHDC). Petitioners contended that NYSDEC violated the State Environmental Quality Review Act (SEQRA) by not requiring an environmental assessment form, an environmental impact statement, or public hearings. AHDC argued federal preemption by the Federal Power Act, limiting NYSDEC's review to water quality standards. NYSDEC also moved for remand, acknowledging a procedural error in not requiring an environmental assessment form but arguing against preemption. The court determined that the Federal Power Act preempts NYSDEC from conducting a full SEQRA environmental review, limiting its authority to assessing compliance with State water quality standards. Consequently, NYSDEC was found to lack authority to require SEQRA-mandated forms, statements, or hearings for the 401 water quality certification.

Environmental LawFederal PreemptionWater Quality CertificationHydroelectric ProjectsState Environmental Quality Review Act (SEQRA)Federal Power ActCPLR Article 78 ProceedingState AuthorityEnvironmental ReviewRegulatory Control
References
56
Case No. MISSING
Regular Panel Decision

Wilson v. Picard

The Yard Workers Association, Inc. filed an application for approval of its certificate of incorporation with the Board of Standards and Appeals, pursuant to the Membership Corporations Law. The Board initially disapproved the application, citing inconsistencies with the Labor Law and public policy. However, in the subsequent legal proceeding, the Board argued that the certificate itself did not meet the statutory requirements for their review, as it did not explicitly state that its members were working men and women or wage earners, nor did it relate to labor conditions. The court, presided over by Bergan, J., sustained the Board's objection, concluding that the certificate did not require the Board's approval for filing. Consequently, the petition was dismissed, an outcome that would not prevent the petitioners from filing the certificate.

Corporate LawMembership Corporations LawCertificate of IncorporationBoard of Standards and AppealsStatutory InterpretationWorkers' RightsLabor OrganizationCorporate PurposeJudicial ReviewPetition Dismissal
References
0
Case No. MISSING
Regular Panel Decision
Apr 07, 1993

Pennisi v. Standard Fruit & Steamship Co.

A longshoreman, having received workers' compensation benefits from his employer, International Terminal Operating Company (ITO), initiated a personal injury action against Standard Fruit & Steamship Company and Netumar Lines. Standard Fruit and Netumar subsequently filed a third-party complaint against ITO for contribution and indemnification. The Supreme Court initially granted ITO's motion for summary judgment, dismissing the third-party complaint. The appellate court modified this decision, reinstating Standard Fruit's indemnification claim against ITO due to unresolved factual questions regarding Standard Fruit's status as a 'vessel' and the existence of an indemnification contract. The court affirmed the dismissal of contribution claims, citing the LHWCA's exclusivity provision, and remitted the matter for a determination on sanctions.

Workers' Compensation BenefitsLongshoreman InjurySummary JudgmentContribution ClaimsIndemnification ClaimsThird-Party ComplaintLHWCAVessel StatusContractual IndemnityImplied Indemnity
References
14
Case No. MISSING
Regular Panel Decision
Apr 14, 1988

Levitt v. Civil Service Commission

The City of New York appealed a Supreme Court judgment that affirmed the Civil Service Commission's decision to reject the reclassification of the deckhand position from the competitive to the noncompetitive civil service class. Petitioners argued that the Commission applied an overly strict standard, acted inconsistently with Title VII of the Civil Rights Act and the NY Constitution, based its decision solely on a presumption despite expert opinions, and failed to adequately state its reasoning. The Appellate Division found that the Commission properly used the term "compelling" to reflect the constitutional preference for competitive examinations and that its decision, while brief, allowed for judicial review. Citing the public safety roles of deckhands, similar to police and firefighters, the court concluded that competitive examinations are feasible and petitioners failed to demonstrate an impediment to compliance with job-relatedness requirements.

Civil Service LawJob ReclassificationCompetitive ExaminationNoncompetitive ClassPublic SafetyDeckhand PositionAppellate ReviewCivil Rights Act Title VIINew York ConstitutionArbitrary Determination
References
5
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