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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

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
Case No. MISSING
Regular Panel Decision

Supensky v. State

The claimant sought damages for injuries sustained after falling at a bridge reconstruction site. The Court of Claims found the defendant, State of New York, negligent and fully responsible under Labor Law § 241 (6) for violating specific industrial code regulations (12 NYCRR 23-1.7 (f) and 23-1.23 (b) and (d)). The State appealed this interlocutory judgment. The Appellate Court affirmed the lower court's finding of liability, rejecting the State's arguments concerning the law of the case doctrine and the admissibility of expert testimony. The court also upheld the finding that there was no comparative fault on the part of the claimant.

InjuriesFallNegligenceLabor LawBridge ReconstructionWork Site SafetySite Owner LiabilityInterlocutory JudgmentAppellate ReviewComparative Fault
References
9
Case No. 2020 NY Slip Op 05626
Regular Panel Decision
Oct 09, 2020

Matter of O'Connell (State Farm Mut. Auto. Ins. Co.)

The case involves Christine M. O'Connell and State Farm Mutual Automobile Insurance Company regarding a supplemental uninsured/underinsured motorist (SUM) claim following a motor vehicle accident. After an arbitrator awarded O'Connell $1,775,228.79, State Farm appealed the Supreme Court's judgment that confirmed the award and denied their cross-motion to vacate it. The Appellate Division, Fourth Department, affirmed the judgment, rejecting State Farm's argument that the arbitration award was arbitrary, capricious, irrational, and unsupported by evidence. The court found the arbitrator's findings rational and supported by evidence, including medical records and testimony, concluding that O'Connell was entitled to SUM benefits.

Motor Vehicle AccidentUninsured MotoristUnderinsured MotoristArbitration AwardAppellate ReviewCompulsory ArbitrationEvidentiary SupportJudicial ScrutinyDamagesPersonal Injury
References
14
Case No. MISSING
Regular Panel Decision

Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of State

Petitioners, identified as the owners and operators of Indian Point Energy Center, appealed a judgment that dismissed their challenge to a modification by respondents, the Secretary of State, Department of Environmental Conservation, and Department of State. The modification extended a statutorily protected environmental habitat in the Hudson River, now called 'Hudson Highlands,' impacting the area near Indian Point. Petitioners argued that the modification lacked a rational scientific basis, constituted formal rulemaking without proper procedure, and that the denial of their discovery requests was an abuse of discretion. The Appellate Division affirmed the Supreme Court's judgment, deferring to the agencies' interpretation of their regulations and finding the modification rational, not formal rulemaking, and the discovery denial justified.

Environmental ProtectionHabitat ModificationAgency DeferenceCPLR Article 78Declaratory JudgmentRegulatory InterpretationScientific EvidenceFormal RulemakingAdministrative ProcedureDiscovery Denial
References
24
Case No. ADJ6853853
Regular
Oct 05, 2012

KYB FUGFUGOSH vs. SAN QUENTIN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.

Workers' Compensation Appeals BoardSan Quentin State PrisonState Compensation Insurance Fundserious and willful misconductadmitted injurykitchen workerarthroscopic acromioplastyrotator cuff tearsfailure to reportinmate request for interview
References
1
Case No. 121778, 121782
Regular Panel Decision
Feb 09, 2018

Jimerson v. State of New York

Claimants, Joshua A. Jimerson (as Administrator of Patricia A. John's Estate) and Kenneth Vanaernam, sought damages for wrongful death and injuries after falling through a hole on the Red House Bridge (RHB). The bridge, built by the State of New York in 1930, is located within the sovereign land of the Seneca Nation of Indians. Despite a history of confusion regarding maintenance responsibility, a 1976 Memorandum of Understanding and a 2007 Project Specific Agreement had indicated the State's involvement. The Court of Claims initially denied the claimants' motion for partial summary judgment on the State's duty to maintain the bridge. The Appellate Division, Fourth Department, reversed this decision, ruling that Highway Law § 53 unambiguously obligates the State to maintain highways and bridges it constructed on Indian reservation land, thereby establishing the State's statutory duty.

Wrongful DeathPersonal InjuryHighway MaintenanceBridge CollapseState ResponsibilityStatutory DutySummary JudgmentIndian ReservationNew York State Department of TransportationSeneca Nation of Indians
References
0
Case No. 98-CV-1117 (LEK/RWS)
Regular Panel Decision
Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

Plaintiffs, individuals with physical disabilities, sued the New York State Department of Environmental Conservation, Adirondack Park Agency, and the State of New York, alleging that their policies in managing the Adirondack Park unfairly limit their access to certain areas in violation of the Americans with Disabilities Act (ADA). They sought a preliminary injunction to allow them to use motorized vehicles on restricted trails. The Court found that the defendants' policy had a disparate impact on disabled persons and that allowing limited, necessary motorized access on roads already used by non-disabled personnel would not fundamentally alter the Park program. Therefore, the Court granted the plaintiffs' motion for a preliminary injunction, mandating access to specific roads for persons with certified mobility impairment disabilities.

Americans with Disabilities ActADAAdirondack ParkEnvironmental ConservationMotorized Vehicle AccessMobility ImpairmentPreliminary InjunctionDisparate ImpactPublic AccommodationsState Government Action
References
27
Case No. MISSING
Regular Panel Decision

2169 Central Ltd. v. New York State Liquor Authority

Petitioners 2169 Central Ltd., operator of Shenanigan's Bar, and its president Lewis D. Cross, challenged a determination by the State Liquor Authority (SLA) which imposed a $3,000 civil penalty for employing unlicensed security guards. The petitioners initiated a CPLR article 78 proceeding, contending that the SLA exceeded its statutory authority and that its determination was not supported by substantial evidence. The court found that the SLA possessed the statutory authority to regulate and penalize licensees for violating its regulations, specifically 9 NYCRR 48.3 regarding conformance with governmental regulations. Furthermore, the court determined that the SLA's decision was supported by substantial evidence, including police investigator testimony, sworn employee statements, and Department of State certifications, which confirmed the employment of unlicensed security guards. Consequently, the court confirmed the SLA's determination and dismissed the petition.

Liquor LicenseUnlicensed Security GuardsCivil PenaltyStatutory AuthoritySubstantial EvidenceAdministrative LawAlbany CountyNew YorkAdult Entertainment ClubLiquor Control Law
References
8
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
Mar 27, 1985

United States v. $100 in United States Currency

The United States initiated an in rem forfeiture action against $100,000 in U.S. currency, alleging it originated from illegal drug transactions. Claimants Jose Martinez-Torres and Nancy Medina asserted the funds were legitimate lottery winnings. The government sought summary judgment, arguing issue preclusion from a prior Nebbia bail hearing where Medina's lottery claim was found incredible. The Court granted partial summary judgment for the government, establishing probable cause for forfeiture. However, it denied the application of offensive collateral estoppel for full summary judgment, citing the distinct procedural environment and limited scope of the Nebbia hearing, and ruled that claimants are entitled to a plenary trial to prove the legitimate source of the funds.

ForfeitureDrug Trafficking ProceedsCollateral EstoppelIssue PreclusionSummary JudgmentProbable CauseIn Rem ForfeitureBail HearingDue Process ConcernsPuerto Rican Lottery
References
8
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