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Case Law Database

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

Case No. MISSING
Regular Panel Decision
May 30, 1991

Bonilla v. New York City Civil Service Commission

In a CPLR article 78 proceeding, the petitioner challenged a determination disqualifying him from a civil service eligible list for a sanitation worker position due to a psychiatric disorder. The Supreme Court, New York County, granted the respondents' cross motion to dismiss the petition, citing the petitioner's failure to commence the proceeding before the eligible list expired. The Appellate Division affirmed this decision, relying on established case law such as Matter of Deas v Levitt, which mandates dismissal if a challenge to an eligible list determination is not initiated prior to the list's expiration. This ruling emphasizes the procedural requirement for timely legal action concerning civil service eligible lists.

Civil Service LawEligible ListDisqualificationPsychiatric DisorderNervous BreakdownTimeliness of PetitionExpiration of Eligible ListProcedural DismissalJudicial ReviewAppellate Affirmation
References
12
Case No. MISSING
Regular Panel Decision
Apr 21, 2011

County of Rockland v. Civil Service Employee Ass'n

The County of Rockland initiated a proceeding under CPLR article 75 to permanently stay arbitration sought by the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO. The grievances arose from the County's alleged violation of a collective bargaining agreement by assigning per diem employees instead of regular full- and part-time staff. The Supreme Court granted the County's petition, permanently staying the arbitration. However, the appellate court reversed this decision, denying the petition and dismissing the proceeding. The court found no statutory, constitutional, or public policy prohibition against arbitration of the grievances and determined that the parties' collective bargaining agreement covered the specific dispute. Furthermore, the issue of the timeliness of the arbitration demands was deemed to be a matter for the arbitrator to decide.

arbitrationcollective bargaining agreementCPLR article 75grievancepublic sectorPERBCivil Service Lawemployer practicesappellate reviewlabour law
References
7
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision
Nov 03, 1995

City of Newburgh v. Civil Service Employees Ass'n

Brent LaDuca, a member of the Civil Service Employees Association (CSEA), suffered an occupational injury and was granted paid leave by the City of Newburgh. Following medical examinations by Dr. Torsten Schwake, which indicated LaDuca was fit for work, the City reversed the paid leave after LaDuca refused to report. CSEA initiated arbitration proceedings challenging the City's action, prompting the City to file a petition under CPLR Article 75 to stay arbitration, arguing the issues were not arbitrable. The Supreme Court granted the stay, but the appellate court reversed this decision, ruling that the dispute fell within the scope of the collective bargaining agreement's arbitration clause.

ArbitrationCollective Bargaining AgreementWorkers' CompensationPaid LeaveMedical ExaminationFitness for DutyArbitrabilityCPLR Article 75Stay of ArbitrationPublic Sector Employment
References
6
Case No. 267 AD2d 668
Regular Panel Decision
Mar 17, 1999

In re the Arbitration between Civil Service Employees Ass'n & State

This case involves an appeal from a judgment of the Supreme Court concerning two proceedings. Proceeding No. 1, initiated by Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA) on behalf of Garmon Carnibucci, sought to confirm an arbitration award regarding the restoration of sick leave accruals for Carnibucci, who was terminated by the Division For Youth (DFY) under Civil Service Law § 71. Proceeding No. 2, commenced by Carnibucci, sought to hold DFY in contempt for allegedly failing to comply with a prior judgment mandating back pay and benefits. The Supreme Court confirmed the arbitration award and found no contempt, prompting an appeal from the petitioners. The Appellate Division dismissed the appeal in proceeding No. 1, determining that CSEA was not an aggrieved party since the relief it sought (confirmation of the award) was granted. In proceeding No. 2, the court affirmed the Supreme Court's judgment, finding no error in the appointment of a Referee to assess back pay calculations and concluding that DFY was not in contempt due to the lack of specificity in the prior judgment regarding the computation of back pay.

arbitration awardback pay disputesick leave accrualscontempt proceedingCPLR Article 75CPLR Article 78Civil Service Lawpublic employmentworkers' compensation boardjudicial review
References
7
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. MISSING
Regular Panel Decision

In re the Arbitration between I. Miller & Sons, Inc., & United Office & Professional Workers

This case involves a motion to stay arbitration filed by petitioners, who are employees of I. Miller & Sons, Inc. The petitioners sought to stay an arbitration proceeding between their employer and a respondent union. The union and employer had an agreement requiring new employees to join the union after thirty days as a condition of employment. The petitioners refused to join the union, and the employer declined the union's request to discharge them, citing the Labor Management Relations Act, 1947 (Taft-Hartley Law). The petitioners argued the agreement was invalid under the Taft-Hartley Act and they had no obligation to arbitrate. The court denied the motion to stay arbitration, ruling that the petitioners, not being parties to the arbitration agreement, lacked standing to interfere with the proceeding. The court clarified that the phrase 'any party to the controversy' in the Civil Practice Act sections 1462 and 1462-a refers to parties to the arbitration agreement itself.

Arbitration AgreementStandingThird-Party RightsLabor LawUnion MembershipEmployer ObligationsContract InterpretationMotion to StayCivil Practice ActTaft-Hartley Act
References
7
Case No. 2022 NY Slip Op 01453
Regular Panel Decision
Mar 09, 2022

Matter of County of Nassau v. Civil Serv. Empls. Assn., Civ. Serv. Empls. Assn., AFSCME, Local 1000, AFL-CIO

The County of Nassau appealed an order denying its petition to permanently stay arbitration and granting the respondents' motion to compel arbitration. The dispute arose when the Civil Service Employees Association (CSEA), on behalf of Joseph W. Grzymalski, a seasonal worker, filed a grievance claiming he was entitled to full-time benefits due to working 40 hours per week. The Appellate Division, Second Department, reversed the Supreme Court's order, ruling that the reclassification of a civil service position, like Grzymalski's, can only be accomplished by the municipal civil service commission as per Civil Service Law § 22, thus rendering the grievance nonarbitrable. Consequently, the Appellate Division granted the County of Nassau's petition to permanently stay arbitration and denied the respondents' motion to compel arbitration.

ArbitrationPublic Sector EmploymentCivil Service LawGrievanceReclassificationSeasonal WorkerFull-Time BenefitsCollective Bargaining AgreementAppellate ReviewJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between J. K. Welding Co. & International Union of Marine & Shipbuilding Workers of America

In a legal proceeding, an appellant sought to obtain a stay of an arbitration. The arbitration concerned the alleged discharge of three employees, a matter that purportedly violated the seniority provisions outlined in a collective bargaining agreement between the appellant and the respondent union. The court affirmed the order that denied the appellant's request for a stay of the arbitration proceedings, and awarded $10 in costs and disbursements.

ArbitrationCollective Bargaining AgreementSeniority RightsEmployee TerminationStay of ProceedingsLabor DisputeUnion RepresentationAppellate ReviewContract ViolationJudicial Affirmation
References
0
Case No. MISSING
Regular Panel Decision
Jul 09, 2002

Saunders v. New York City Health & Hospitals Corp.

This case involves an order and judgment from the Supreme Court, New York County, concerning a proceeding under CPLR article 78. The petition was granted to the extent of enjoining the respondent from appointing temporary employees in disregard of Civil Service Law § 64 (1) and directing an amendment to its policy regarding Civil Service Law § 75 (1) (c) to include part-time employees. However, the application for lost wages and benefits on behalf of petitioner Patino was denied. The court unanimously affirmed the decision, stating that the injunctive relief was properly granted as the respondent failed to articulate an important need for open-ended temporary employment consistent with Civil Service Law. The court also rejected the argument that Civil Service Law § 75 (1) (c) applies only to full-time employees, affirming that no hearing was required for Patino's termination under the applicable collective bargaining agreements.

Temporary EmployeesCivil Service LawInjunctive ReliefPart-time EmployeesLost WagesCollective Bargaining AgreementsTerminationPublic PolicyJudicial ReviewAdministrative Law
References
4
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