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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

Fraternal Order of Police, National Labor Council, USPS No. 2 v. United States Postal Service

The Fraternal Order of Police (FOP) and 13 individual Postal Police Officers sued the United States Postal Service and its employees, alleging violations of federal and state law, as well as their employment contract. Plaintiffs challenged restrictions on their law enforcement authority, citing 40 U.S.C. § 318, and also claimed illegal locker searches under the Fourth Amendment and New York law. The defendants sought dismissal, primarily arguing a lack of subject matter jurisdiction and the plaintiffs' failure to exhaust administrative remedies. The court granted the defendants' motion, dismissing the claims. It ruled that Section 318 does not confer a private right of action and that the plaintiffs failed to exhaust the grievance procedures outlined in their collective bargaining agreement and the Postal Reorganization Act for their search and contract-related claims.

Labor LawPostal ServicePolice PowersFourth AmendmentLocker SearchCollective Bargaining AgreementExhaustion of RemediesPrivate Right of ActionSubject Matter JurisdictionMotion to Dismiss
References
51
Case No. 02-CV-6666L
Regular Panel Decision
Oct 29, 2008

Brown v. NEW YORK STATE DEPT. OF CORREC. SERVICES

Plaintiff, Curtis Brown, a Correction Officer, sued his employer, the New York State Department of Correctional Services (DOCS), and several individuals for racial discrimination and retaliation under Title VII, Sections 1981, 1983, and the New York Human Rights Law. Brown alleged a hostile work environment due to continuous harassment, verbal abuse, and physical violence by white coworkers at Elmira Correctional Facility since 2001, along with retaliatory discipline. Defendants sought summary judgment. The court dismissed claims against individual defendants under Title VII, all claims against Elmira, the State Comptroller, Civil Service, and all constructive discharge claims due to Eleventh Amendment immunity or other legal deficiencies. However, the court denied summary judgment on Brown's Title VII hostile work environment and retaliation claims against DOCS, finding sufficient evidence of fact disputes for these claims to proceed to trial.

Racial DiscriminationHostile Work EnvironmentRetaliationEmployment LawTitle VIICivil Rights ActSection 1981Section 1983Human Rights LawSummary Judgment Motion
References
83
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. ADJ8181938; ADJ8702275
Regular
Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued against the statutory 15% increase, the method of evaluating spine impairment, and the inclusion of a sleep disorder. The Board adopted the WCJ's report, finding no error in the application of the 15% increase or the evaluation of the spine impairment using the ROM method as deemed appropriate by the agreed medical examiner. Furthermore, the Board upheld the finding of an industrially caused sleep disorder, noting that formal sleep studies are not always required for diagnosis and that the physician's rating falls within the AMA Guides.

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System
References
1
Case No. MISSING
Regular Panel Decision

Rumsey v. New York State Department of Correctional Services

Plaintiffs, employees of the New York State Department of Correctional Services and military reservists, challenged Departmental Directive # 2212, which allowed the rescheduling of their regular days off to coincide with military drills. They claimed this violated their rights under federal and state military laws and the Equal Protection Clause, arguing it discriminated against them by not requiring similar rescheduling for other types of leave. The defendants asserted the directive was necessary to address staffing shortages and prevent abuse of military leave, noting that pass days were routinely rescheduled for various other reasons. The court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion, ruling that the directive did not constitute discrimination, as it did not require 'special accommodations' for reservists beyond what was afforded to other employees, consistent with the precedent set in Monroe v. Standard Oil Co.

Military LeaveEmployment RightsWork ScheduleDiscrimination ClaimSummary Judgment MotionCollective BargainingSeniority RightsDepartmental DirectiveFederal LawState Law
References
10
Case No. MISSING
Regular Panel Decision

Fickling v. New York State Department of Civil Service

This case involves a lawsuit brought by eight plaintiffs, primarily African-American and Hispanic former employees, against the New York State Department of Civil Service and Westchester County Department of Social Services. Plaintiffs alleged that their termination as Welfare Eligibility Examiners, due to failing competitive examinations, was unlawful under Title VII of the Civil Rights Act and the New York State Executive Law § 296. They claimed the examination had a racially disparate impact and lacked content validity, failing to serve the defendants' employment goal of fair competition. The court found that the examinations indeed had a disparate impact on African-Americans and Hispanics and that the defendants failed to provide credible evidence that the tests served a legitimate business goal. Therefore, the court ruled in favor of the plaintiffs.

Employment DiscriminationTitle VII Civil Rights ActDisparate ImpactCivil Service ExaminationsContent ValidityJob AnalysisRacial DiscriminationHispanic DiscriminationWelfare Eligibility ExaminersNew York State Law
References
8
Case No. MISSING
Regular Panel Decision

Prevost v. New York State Department of Social Services

The petitioners, maternal grandparents, initiated a CPLR article 78 proceeding to challenge a determination by the State Commissioner of Social Services and the Warren County Department of Social Services. They sought to expunge a report from the State Central Register indicating inadequate guardianship concerning their grandson, Justin. Justin had been placed in foster care, and concerns arose about his behavior after monthly visits with the petitioners, prompting a psychiatrist to recommend discontinuing overnight visits. The psychiatric report detailed Justin's anger towards his grandmother and later allegations of diapering. Despite the petitioners' denials and claims of bias, the agency's decision to indicate inadequate guardianship was upheld after administrative review and a fair hearing. The court ultimately confirmed the determination, citing substantial evidence based on Justin's consistent accounts.

Child protective servicesInadequate guardianshipFoster careAdoption eligibilityCPLR article 78 proceedingAdministrative reviewExpungement of reportHearsay evidenceCredibility determinationSocial Services Law
References
3
Case No. MISSING
Regular Panel Decision

Mirkin & Gordon, P. C. v. Suffolk County-Local 852 Civil Service Employees Ass'n Legal Services Fund

This case involves an appeal by the Legal Services Fund (defendant) from an order denying its motion to dismiss a breach of contract complaint filed by a law firm (plaintiff). The plaintiff law firm sued the Legal Services Fund for breach of retainer agreements and non-payment for services. The defendant sought dismissal based on res judicata, arguing that a prior federal lawsuit, which was dismissed on the merits, barred the state action. The federal action, filed by the plaintiff law firm against county legislators and welfare fund trustees, alleged a conspiracy to violate constitutional rights under 42 USC § 1983 by terminating their retainer. The Supreme Court, Nassau County, denied the dismissal motion. This appellate decision affirms that denial, concluding that res judicata does not apply because the parties and claims in the federal and state actions were not identical, and the federal court lacked jurisdiction over the contract claims against the Legal Services Fund.

Breach of ContractRes JudicataClaim PreclusionFederal Court JurisdictionState Court ActionDismissalAppellate ReviewCivil Rights (42 USC § 1983)Legal ServicesLaw Firm Retainer
References
8
Case No. MISSING
Regular Panel Decision

M. Cristo, Inc. v. State of New York Office of General Services

This dissenting opinion by Staley, Jr., J. concerns the rejection of a low bid from a petitioner by the Office of General Services. The rejection was based on the petitioner's unresolved labor dispute with Laborers Local No. 190, which the Office of General Services feared would cause disruption and delay to the South Mall project, a 'time of the essence' contract. Staley, Jr., J. argues that the State's action was lawful, citing State Finance Law § 174 and previous cases that permit bid rejection in the best interests of the State, especially when a labor dispute threatens project completion. The dissent distinguishes this case from precedents involving mere threats of union action. However, the majority decision, which this opinion dissents from, reversed the judgment and ruled in favor of the petitioner.

Labor DisputeBid RejectionState ContractPublic WorksTime of EssenceJudicial ReviewAppellate DecisionProcurement LawNonunion WorkersProject Delay
References
3
Case No. MISSING
Regular Panel Decision

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
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