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Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
11
Case No. MISSING
Regular Panel Decision

In re the Arbitration between A.F.C.O. Metals, Inc. & Local Union 580 of International Ass'n of Bridge

This case concerns a dispute between Local Union 580 and AFCO Metals, Inc. regarding arbitration of pension fund contributions. Local 580 claimed AFCO underpaid contributions by assigning work to Carpenters Unions that should have been allocated to Local 580 members. AFCO sought to stay arbitration, arguing the dispute was jurisdictional and excluded from arbitration under their collective bargaining agreement. The Supreme Court initially dismissed AFCO's petition, but the Appellate Division reversed, finding the dispute jurisdictional. The Court of Appeals affirmed the Appellate Division's order, ruling that the underlying dispute is a jurisdictional matter, which the parties explicitly agreed to exclude from arbitration provisions in their collective bargaining agreement.

ArbitrationJurisdictional DisputeCollective Bargaining AgreementPension FundsUnion ContributionsWork AssignmentAppellate ReviewLabor LawContract InterpretationFund Delinquency
References
3
Case No. 5338/93
Regular Panel Decision

Renzulli v. McElrath

The petitioner-mother, Nora Renzulli, sought a writ of prohibition against Family Court Judge Terrence McElrath, claiming the Family Court lacked subject matter jurisdiction over a child custody matter. The Supreme Court, through a Judicial Hearing Officer (JHO) Radin, had previously awarded custody to the mother, though this was not explicitly memorialized in the final divorce judgments. The Family Court assumed jurisdiction under Family Court Act § 651 (b) and awarded temporary custody to the father. The petitioner also sought civil damages against the Family Court Judge. The Supreme Court (Maltese, J.) acknowledged the prior Supreme Court custody award but found the Family Court had concurrent jurisdiction under Family Court Act § 652 (b) because the Supreme Court judgments did not reserve exclusive jurisdiction. Therefore, the motion for a writ of prohibition and the request for damages were denied.

Writ of ProhibitionFamily Court JurisdictionChild CustodyConcurrent JurisdictionJudicial ImmunityChild Support ArrearsMarital DissolutionSupreme CourtProcedural LawChild's Best Interest
References
32
Case No. MISSING
Regular Panel Decision
Oct 06, 1992

In re Vanessa E.

This case concerns a custody dispute over Vanessa E., a nine-year-old child whose parents' marriage was dissolved in Iowa. The mother, a New York City resident, filed a custody petition in New York Family Court, alleging physical and sexual abuse by the father. The Family Court initially granted temporary custody to the mother, citing emergency jurisdiction under Domestic Relations Law § 75-d (1) (c) (ii), following a sexual abuse evaluation. Subsequently, the Family Court declined to exercise jurisdiction due to a parallel proceeding initiated by the father in Iowa, though it continued the temporary custody order. The appellate court reversed, holding that the Family Court erred in declining jurisdiction under various sections of the Uniform Child Custody Jurisdiction Act (UCCJA). The appellate court found that New York was a suitable forum given the child's residency and the location of essential witnesses and evidence. Additionally, the court ruled that the Family Court could not continue a temporary custody order after declining subject matter jurisdiction.

Child CustodyEmergency JurisdictionUniform Child Custody Jurisdiction ActDomestic Relations LawSexual Abuse AllegationsForum Non ConveniensFamily CourtAppellate ReviewTemporary CustodyParental Rights
References
7
Case No. MISSING
Regular Panel Decision

Valone v. Valone

This case involves a father's attempt to gain temporary physical custody of his 14-year-old daughter in New York, where he resides, against his wife who lives in Tennessee. The father initiated a divorce action in New York, seeking custody. The wife, making a limited appearance, moved to dismiss the custody application, arguing the New York court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) and personal jurisdiction over her. The court determined it had subject matter jurisdiction over divorce and ancillary custody but lacked personal jurisdiction over the wife under CPLR 302(b) due to insufficient minimum contacts with New York, as their matrimonial domicile was too distant in time and the daughter's visitation did not establish personal jurisdiction over the mother. Furthermore, the court found the father's allegations of misconduct did not meet the 'imminent risk of harm' standard required for temporary emergency jurisdiction under the UCCJEA. Consequently, the wife's motion to dismiss the request for temporary custody was granted, and the entire divorce complaint was dismissed due to the lack of personal jurisdiction over the wife. The court noted the father was under no legal obligation to return the child until a Tennessee court issued an order.

Child CustodyJurisdictionUCCJEAPersonal JurisdictionSubject Matter JurisdictionDivorce ActionTemporary CustodyEmergency JurisdictionMinimum ContactsDomestic Relations Law
References
22
Case No. MISSING
Regular Panel Decision

Graybill v. City of New York

Plaintiff Christopher Graybill, a construction worker, sued the City of New York and the Port Authority for injuries sustained while cleaning debris at the World Trade Center site after 9/11. The Port Authority removed the case to federal court, citing Section 408(b)(3) of the Air Transportation Safety and System Stabilization Act, which grants exclusive federal jurisdiction for claims 'resulting from or relating to the terrorist-related aircraft crashes' of September 11, 2001. Judge Hellerstein denied federal jurisdiction, holding that the case, involving injuries common to general construction sites and New York Labor Law claims, does not fall under the exclusive federal jurisdiction intended by Congress, as the duties and risks were not unique to the special conditions of the 9/11 site. The case was remanded to the New York Supreme Court.

Federal JurisdictionRemand9/11 LitigationWorld Trade CenterConstruction InjuryLabor LawStatutory InterpretationProximate CausationAir Transportation Safety and System Stabilization ActSouthern District of New York
References
28
Case No. MISSING
Regular Panel Decision

People v. Johnny P.

Johnny P., a mentally ill young man, faced charges for assault and property damage. Recognizing his condition, his assigned counsel arranged for a psychiatric evaluation at Bellevue Hospital. The court considered a plea of not responsible by reason of mental illness, necessitating a decision on two key issues. First, the court affirmed its jurisdiction as a local criminal court to accept such a plea despite statutory language referring to "indictment" in superior courts. Second, it ruled that a qualified psychiatrist could serve as an interpreter to facilitate communication with the defendant during the allocution process due to his convoluted thought processes. Consequently, with all legal consents and findings met, the court accepted Johnny P.'s plea of not responsible by reason of mental defect.

Criminal LawMental Health DefenseInsanity Defense Reform ActCompetency to Stand TrialJudicial AllocutionCourt InterpreterLocal Criminal Court JurisdictionPsychiatric EvaluationPlea of Not ResponsibleDue Process
References
5
Case No. MISSING
Regular Panel Decision

In re Rita N.

This opinion addresses multiple pending proceedings where petitioners (aunts, uncles, grandparents, natural parents) seek court recognition of existing living arrangements for children for various administrative purposes like school enrollment, social security benefits, or medical authorization. The court observes that these petitioners primarily seek a "piece of paper" (letter of guardianship) to satisfy bureaucratic requirements, even though the children already reside with them. Judge Fogarty explains that the Family Court lacks original jurisdiction over guardianship proceedings, as the Legislature has limited its authority to cases where a child is already under the court's jurisdiction on some other basis. The opinion clarifies that custody proceedings are being used as a "subterfuge" to circumvent this jurisdictional limitation, but such proceedings require an "adversary context" and "justiciable dispute." The court concludes that these matters properly belong in the Surrogate's Court, which has concurrent jurisdiction over infant guardianship and simplified procedures. Therefore, the petitions are dismissed, and the parties are referred to the Surrogate’s Court, as there is no justiciable dispute or custodial controversy before the Family Court.

GuardianshipFamily Court JurisdictionSurrogate's CourtCustody ProceedingsJudicial PowerParens PatriaeInfant WardsJurisdictional LimitationsBest Interest of ChildLetters of Guardianship
References
14
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision

Dickerson v. Thompson

The case addresses whether the New York Supreme Court has subject matter jurisdiction to dissolve a civil union validly entered into outside of New York, specifically Vermont. The plaintiff, a New York resident, sought dissolution after their relationship with the defendant deteriorated, but could not do so in Vermont due to residency requirements. The Supreme Court initially dismissed the complaint, arguing New York public policy did not recognize such unions. However, the appellate court reversed this decision, asserting that New York courts do possess the necessary jurisdiction based on principles of comity and the state's evolving public policy, which increasingly acknowledges and protects same-sex relationships. The court emphasized that while New York hasn't created a specific dissolution mechanism, its general jurisdiction is sufficient, and the question of available relief on the merits is separate from jurisdiction.

Civil UnionDissolutionSubject Matter JurisdictionComityNew York LawVermont LawSame-Sex RelationshipsDeclaratory ReliefEquitable ReliefPublic Policy
References
24
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