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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

New York City Transit Authority v. Amalgamated Transit Union of America

The New York City Transit Authority (NYCTA) suspended employee Marvin Moses after he drove a bus with a suspended license. The appellant union, on behalf of Moses, filed a grievance asserting Moses was entitled to a determination whether his suspension was for cause, arguing his license suspension was in error and he was not properly notified. After the grievance procedure, the union demanded arbitration. The NYCTA commenced a proceeding to stay arbitration, arguing the grievance was not arbitrable because it involved enforcing statutory obligations under the Vehicle and Traffic Law. The Supreme Court granted the petition and permanently stayed arbitration. However, the appellate court reversed this decision, denied the petition, and dismissed the proceeding, finding that the broad arbitration provision in the Collective Bargaining Agreement encompassed the dispute and that the arbitrability of such issues was for the arbitrator to determine.

ArbitrationCollective Bargaining AgreementGrievance ProcedureEmployment SuspensionVehicle and Traffic LawCPLR Article 75ArbitrabilityAppellate ReviewStatutory InterpretationEmployer-Employee Dispute
References
8
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. MISSING
Regular Panel Decision

In Re Criminal Contempt Proceedings Against Crawford

This decision addresses a criminal contempt proceeding initiated by the government against Gerald Crawford and Michael Warren for allegedly violating a temporary restraining order (TRO). The TRO, issued in an underlying civil action, prohibited certain conduct outside reproductive health care facilities. Defendants sought dismissal, arguing the TRO had expired under Rule 65(b) before their alleged violations. The Court rejected this, holding that the extended TRO became an appealable preliminary injunction, thus requiring defendants to obey it. The Court further denied defendants' motions for recusal, change of venue, and dismissal based on First Amendment claims, upholding the enforceability of its order.

Criminal ContemptTemporary Restraining Order (TRO)Preliminary InjunctionRule 65(b)Collateral Bar DoctrineFirst Amendment RightsRecusal MotionChange of Venue MotionJudicial AuthorityAppellate Review
References
55
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
Case No. MISSING
Regular Panel Decision
Feb 05, 1990

In re Kelly F.

The father appealed multiple orders from the Family Court, Dutchess County, relating to child protective proceedings. These orders included the dismissal of his pro se motion and cross-petitions for visitation, the sustenance of certain petitions, suspension of his visitation rights, extension of foster care, a finding of child abuse, and placement of the children in the custody of the Dutchess County Department of Social Services. The appellate court dismissed appeals from the decisions and one order concerning the mother, but affirmed the remaining orders. The court found sufficient corroboration for the twin daughters' out-of-court statements regarding alleged abuse under Family Court Act § 1046 (a) (vi), supported by substantial medical evidence and validation testimony from a social worker and therapist.

Child AbuseSexual AbuseChild Protective ProceedingsFamily Court ActVisitation RightsFoster CarePost-Traumatic Stress SyndromeMedical EvidenceAppellate ReviewOrder of Protection Violation
References
3
Case No. MISSING
Regular Panel Decision

Harwood v. Addison

Petitioner initiated a CPLR article 78 proceeding challenging the termination of her employment as a senior account clerk typist by the City of Watertown, following charges of incompetence and misconduct. The Appellate Division modified the determination, annulling the finding of guilt on one specification of misconduct due to lack of substantial evidence. The court also deemed the termination penalty "shocking to one’s sense of fairness" given the petitioner's long service, lack of prior discipline, and external factors contributing to the issues. The matter was remitted for the imposition of a lesser penalty, not exceeding a two-month suspension without pay.

Employment LawAdministrative ReviewCPLR Article 78Public Sector EmploymentWrongful TerminationJudicial ReviewPenalty MitigationDue ProcessSubstantial Evidence ReviewAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

Billings v. County of St. Lawrence

The petitioner, an unnamed Deputy Sheriff and correction officer for the St. Lawrence County Sheriff’s Department, was terminated after a disciplinary hearing. He was found guilty of unprofessional conduct for inappropriately delivering tobacco to an inmate and for lying during the subsequent investigation, though not for causing an inmate disturbance. Despite a Hearing Officer's recommendation for a two-month suspension, the Undersheriff of St. Lawrence County opted for termination, effective April 22, 1987. The court, in this CPLR article 78 proceeding, confirmed the determination, finding the evidence sufficient and the termination penalty not excessive given the serious nature of the misconduct in a prison setting and the petitioner's relatively short, unblemished service record.

MisconductTerminationDeputy SheriffCorrection OfficerInmate ConductDisciplinary ActionSubstantial EvidencePenalty ReviewUnprofessional ConductLack of Candor
References
2
Case No. MISSING
Regular Panel Decision

Choi v. State

The petitioner, a physician, initiated a CPLR article 78 proceeding to challenge a determination by the Commissioner of Education to suspend his medical license. The charges of professional misconduct stemmed from prior findings by the Department of Social Services (DSS) and the Department of Health (DOH) regarding unacceptable patient care, inappropriate treatment, excessive testing, and operating a clinical laboratory without a permit. The Regents Review Committee, utilizing an expedited procedure, found the petitioner guilty of two specifications based on the DSS determination and recommended a two-year license suspension, with a partial stay and probation. The court affirmed the Commissioner's determination and dismissed the petition, rejecting the petitioner's arguments against the application of collateral estoppel, the propriety of the expedited procedure, and the claim of ineffective assistance of counsel in the preceding administrative hearings. The court also upheld the penalty imposed, deeming it not excessive or an abuse of discretion.

Professional MisconductPhysician License SuspensionCPLR Article 78Collateral EstoppelExpedited ProcedureIneffective Assistance of CounselDepartment of Social ServicesDepartment of HealthAdministrative LawProfessional Regulation
References
4
Case No. MISSING
Regular Panel Decision

Tottey v. Varvayanis

The petitioner, an employee of the Town of Dryden Highway Department, injured his hip in 1999 and had surgery in April 2000, collecting workers' compensation benefits for temporary total disability until October 2000. During this period, he operated a driveway sealing business and performed work for the Varna Community Center, which included tasks beyond what he reported to the Workers' Compensation Board. Disciplinary charges were brought against him for filing false statements, perjury, theft/larceny, and improper conduct. The Hearing Officer recommended a 30-day suspension for unauthorized use of town equipment, but the Town Board and Superintendent Jack A. Bush ultimately terminated his employment for misrepresenting his work activities to fraudulently receive benefits. Petitioner initiated CPLR article 78 proceedings, arguing improper delegation and lack of substantial evidence. The court confirmed the termination, finding Bush's determination supported by substantial evidence, and dismissed the petitions.

Employment terminationWorkers' compensation fraudCPLR Article 78Substantial evidence reviewDisciplinary proceedingJudicial reviewAdministrative decisionMisrepresentation of work activitiesPenalty of dismissalMootness
References
15
Case No. MISSING
Regular Panel Decision

Mohawk Finishing Products, Inc. v. New York State Division of Human Rights

This case concerns a proceeding to review a determination by the State Human Rights Appeal Board. The Board initially found no sex-based discrimination against female office workers by an employer. However, it also found that the employer discriminated against the complainant for opposing practices she believed were discriminatory, leading to her suspension and termination. The court deemed the Board's decision inconsistent because the Board concurrently concluded the employer did not engage in practices forbidden by the Human Rights Law. Consequently, the court annulled the determination and remitted the matter to the Board for clarification of its findings and decision.

Human Rights LawEmployment DiscriminationSex DiscriminationRetaliationAdministrative ReviewInconsistent FindingsAnnulmentRemittalExecutive Law
References
0
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