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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

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. MISSING
Regular Panel Decision
May 28, 1993

Suffolk County Democratic Committee v. Gaffney

The New York Supreme Court, Appellate Division, affirmed an order by the Suffolk County Supreme Court, dismissing a lawsuit brought by the Suffolk County Democratic Committee and Dominick J. Baranello. The plaintiffs had challenged the constitutionality of Local Laws, 1993, No. 12, which reapportioned the Suffolk County Legislature. The appellate court upheld the dismissal of claims based on lack of standing for the Committee and Baranello, as well as causes of action under the Municipal Home Rule Law, Voting Rights Act, and Civil Rights Act, citing a lack of applicability or factual support. Furthermore, the denial of a preliminary injunction was affirmed because the plaintiffs failed to demonstrate a likelihood of success on their equal protection claim, despite the reapportionment plan's population deviation being constitutionally suspect.

ReapportionmentStanding DoctrineLocal Government LawConstitutional ChallengeVoting Rights LitigationCivil Rights LitigationEqual Protection ClausePreliminary Injunction DenialSuffolk County LegislatureMunicipal Home Rule
References
24
Case No. 2016 NY Slip Op 07163 [144 AD3d 640]
Regular Panel Decision
Nov 02, 2016

Meehan v. County of Suffolk

The plaintiff, Michelle Meehan, sustained personal injuries in a vehicular accident with Roslyn Birnbaum, who was performing work for the County of Suffolk and Suffolk County Child Protection Services. Meehan initiated a consolidated action, asserting that the county defendants were vicariously liable for Birnbaum's alleged negligence. The county defendants sought summary judgment, contending that Birnbaum was an independent contractor rather than an employee, thus negating vicarious liability. The Supreme Court, Suffolk County, granted summary judgment in favor of the county defendants, dismissing the complaint against them. On appeal, the Appellate Division affirmed this decision, finding that the county defendants had established Birnbaum's status as an independent contractor and the plaintiff failed to present a triable issue of fact regarding an employer-employee relationship.

Vicarious LiabilityIndependent ContractorRespondeat SuperiorSummary JudgmentEmployer-Employee RelationshipControl TestPersonal InjuryAutomobile AccidentAppellate DivisionNew York Law
References
10
Case No. MISSING
Regular Panel Decision

Orange v. County of Suffolk

Plaintiffs, former and current Suffolk County Civil Service employees, sued Suffolk County, its County Executive, and legislators under 42 U.S.C. § 1983 for alleged politically motivated adverse employment actions. Defendants moved to dismiss federal claims based on immunity and state claims on statute of limitations. The court granted in part and denied in part, holding individual defendants absolutely immune for legislative acts (voting for a resolution abolishing positions and the executive signing it). Claims against officials in their official capacity were dismissed as redundant to the County. The court retained jurisdiction over the state law claim and dismissed the conspiracy claim with leave to amend, denying attorney's fees to defendants.

Civil Rights42 U.S.C. 1983First AmendmentFourteenth AmendmentPolitical Affiliation DiscriminationLegislative ImmunityAbsolute ImmunityMotion to DismissSuffolk CountyDepartment of Social Services
References
35
Case No. 2024 NY Slip Op 01947 [226 AD3d 845]
Regular Panel Decision
Apr 10, 2024

Verderosa v. County of Suffolk

The case "Verderosa v County of Suffolk" involves an appeal from an order granting summary judgment to defendants County of Suffolk and Architectural Entrance Systems, Inc. (AES) in a personal injury action. The plaintiff, Linda Verderosa, sought damages after Salvatore Verderosa (decedent) was injured when his hand became trapped in a courthouse door. The Appellate Division, Second Department, affirmed the dismissal of the complaint against AES, finding no duty owed by AES to the decedent. However, the court reversed the dismissal against the County of Suffolk, determining that the County failed to demonstrate a lack of constructive notice regarding a dangerous condition (e.g., door speed, jagged handle) prior to the accident.

Personal InjuryPremises LiabilitySummary JudgmentAppellate ReviewContractual ObligationTort LiabilityDangerous ConditionConstructive NoticeDoor AccidentSuffolk County
References
11
Case No. MISSING
Regular Panel Decision

Ostensen v. Suffolk County

Nancy Ostensen initiated an action against Suffolk County, its Police Department, Officer Thomas Gallagher, and private individuals Patricia Capucci and Rosemary Kneeht, asserting constitutional violations under Section 1983 and various New York state law claims. The Plaintiff alleged unreasonable search and seizure, and due process violations stemming from an incident where the private defendants entered a residence where Ostensen lived, with Officer Gallagher's alleged non-intervention. The County Defendants sought summary judgment. The court granted summary judgment, determining there was no evidence of conspiracy between the state and private actors, that Ostensen lacked a possessory interest in the property for an unreasonable seizure claim, and that Officer Gallagher was shielded by qualified immunity as his actions were objectively reasonable. Consequently, all federal claims were dismissed, and the court declined supplemental jurisdiction over the remaining state law claims.

Section 1983Fourth AmendmentFifth AmendmentUnreasonable Search and SeizureDue ProcessQualified ImmunitySummary JudgmentState ActionConspiracyMunicipal Liability
References
37
Case No. MISSING
Regular Panel Decision

Roginsky v. County of Suffolk, NY

Plaintiff Dr. Martin Roginsky filed an employment discrimination lawsuit against the County of Suffolk, alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA) and New York State Executive Law. Roginsky, a physician, was constructively discharged from his Staff Physician role at the Suffolk County Jail. He claims the termination was due to his age, citing remarks made by Dr. Gerazi, the Medical Director of the Jail, and that the County used a prescription-writing issue as a pretext. The County moved to dismiss the complaint, asserting it was not Roginsky's employer and that age was not the 'but for' cause of his discharge. The Court denied the County's motion to dismiss, finding that Roginsky had plausibly alleged an employment relationship with the County and satisfied the 'but for' causation standard for his ADEA claim. Consequently, the Court also decided to exercise supplemental jurisdiction over the state law claim.

Age DiscriminationEmployment DiscriminationADEAMotion to DismissConstructive DischargeEmployer-Employee RelationshipBut-For CausationPleading StandardsFederal Civil ProcedureNew York Law
References
24
Case No. MISSING
Regular Panel Decision

ILC Data Device Corp. v. County of Suffolk

Plaintiffs, a group of corporations defined as employers in Suffolk County, initiated an action to invalidate Local Law No. 21, which aimed to protect employees using video display terminals (VDTs) by mandating vision examinations, workstation standards, and work breaks. The County of Suffolk defended the local law. The court, presided over by John Copertino, J., determined that the Suffolk County Legislature overstepped its authority in enacting Local Law No. 21. The ruling cited Municipal Home Rule Law § 11 (1) (f), which prohibits local laws that 'apply to or affect' the Labor Law or Workers’ Compensation Law. The court concluded that the VDT law's comprehensive approach to workplace conditions fell squarely within the purview of state labor laws, thus rendering the local enactment unauthorized and invalid.

Local Law No. 21VDT LawMunicipal Home Rule LawLabor Law PreemptionWorkers' Compensation Law ConflictLocal Government AuthorityLegislative Power RestrictionWorkplace Safety RegulationsVideo Display TerminalsSuffolk County Legislature
References
18
Case No. 120 AD3d 1323
Regular Panel Decision
Sep 17, 2014

Tara N.P. v. Western Suffolk Board of Cooperative Educational Services

The plaintiff, Tara N.P., commenced an action to recover damages for personal injuries after being sexually assaulted by Larry I. Smith, a level three sex offender, at a facility where she was attending a GED course. Smith was referred to the facility by the Suffolk County Department of Labor as part of a 'welfare to work' program, despite an agreement that the facility would not accept individuals with criminal records. The Department of Labor allegedly failed to disclose Smith's criminal background. The appellants (County of Suffolk, Suffolk County Department of Social Services, and Suffolk County Department of Labor) moved for summary judgment dismissing the complaint and all cross claims against them, asserting governmental immunity. The Supreme Court denied their motion. The Appellate Division modified the order, granting summary judgment to the appellants on the complaint against them, finding no special duty owed to the plaintiff. However, the Court affirmed the denial of summary judgment on the cross-claims, citing a triable issue of fact as to whether the appellants breached a duty of care to NACEC.

Personal InjuryGovernmental ImmunitySpecial DutySummary JudgmentContribution ClaimSex OffenderNegligenceDepartment of LaborSexual AssaultAppellate Review
References
8
Case No. 2021 NY Slip Op 00331 [190 AD3d 898]
Regular Panel Decision
Jan 20, 2021

Zimmer v. County of Suffolk

The plaintiff, Theresa Zimmer, appealed an order from the Supreme Court, Suffolk County, which granted summary judgment dismissing her personal injury claim against RXR Realty, LLC. Zimmer alleged she slipped and fell on ice in a parking lot on January 20, 2011. The Appellate Division, Second Department, affirmed the Supreme Court's order. The court concluded that RXR Realty, LLC, as the premises tenant responsible for maintenance, established prima facie that it neither created nor had actual or constructive notice of the hazardous icy condition. Zimmer failed to present sufficient evidence to raise a triable issue of fact in opposition to the motion.

Personal InjurySlip and FallPremises LiabilitySummary JudgmentAppellate ReviewIce HazardConstructive NoticeReal Property MaintenanceProperty Owner LiabilityTenant Responsibility
References
8
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