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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

Anderson v. New York State Urban Development Corp.

This case involves a judicial review of a determination by the New York State Urban Development Corporation (doing business as Empire State Development Corporation) to condemn real property. The petitioners challenged the determination on two grounds: first, that the respondent failed to make a specific finding regarding a feasible method for relocating displaced families as required by the UDC Act § 10(g); and second, that the respondent did not adequately consider the socioeconomic impact of displacement under the State Environmental Quality Review Act (SEQRA). The court found no merit in the petitioners' contentions, concluding that the respondent did make the necessary finding for relocation, which was supported by the final environmental impact statement (FEIS). The court also determined that the respondent properly considered the project's socioeconomic impact on the community as a whole, satisfying SEQRA requirements. Consequently, the court confirmed the respondent's determination, denied the petition, and dismissed the proceeding.

Eminent DomainCondemnationEDPL 207SEQRARelocation PlanPublic UseEnvironmental ReviewUrban DevelopmentJudicial ReviewDisplaced Persons
References
5
Case No. MISSING
Regular Panel Decision

Hale v. New York State Department of Mental Health

Curtis Hale, Jr. initiated an action under Title VII, alleging racial discrimination after his termination as a Mental Hygiene Therapy Aide at the Bronx Children’s Psychiatric Center. He claimed the Civil Service Employee Association failed to provide adequate representation and the New York State Department of Mental Health breached contractual obligations. The court, treating the State's motion to dismiss as one for summary judgment, found Hale's Title VII claims time-barred. His EEOC complaint was filed beyond the 180 or 300-day statutory limitations period, which commenced from the notice of termination (December 8, 1978), not the actual discharge date. Additionally, the court determined it lacked subject-matter jurisdiction over Hale’s state law breach of contract claim against the State, citing an absence of diversity and no federal question under the Labor Management Relations Act. Consequently, the court granted the State’s motion, dismissing the complaint against the New York State Department of Mental Health.

Racial DiscriminationTitle VIIEmployment TerminationStatute of LimitationsSummary JudgmentBreach of ContractSubject Matter JurisdictionPendent JurisdictionEleventh AmendmentCivil Service
References
10
Case No. 2021 NY Slip Op 03889
Regular Panel Decision
Jun 17, 2021

Matter of Bodisch v. New York State Police

Claimant, a state trooper, filed for workers' compensation due to exposure to toxins at the World Trade Center (WTC) site while assigned to a vehicle checkpoint after 9/11. The Workers' Compensation Board reversed a WCLJ's finding, stating his activities were not covered by Workers' Compensation Law article 8-A and that his injuries were not an occupational disease, disallowing the claim as untimely. The Appellate Division, Third Department, agreed that claimant did not sustain an occupational disease. However, the court found that claimant's activities had a tangible connection to WTC rescue, recovery, and cleanup operations, meaning Workers' Compensation Law article 8-A should apply. Consequently, the court modified the Board's decision, reversing the disallowance of the claim as untimely, and remitted the matter for further proceedings.

Workers' CompensationWorld Trade Center9/11Toxic ExposureOccupational DiseaseUntimely ClaimArticle 8-ARescue OperationsRecovery OperationsCleanup Operations
References
12
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. MISSING
Regular Panel Decision

Locario v. State

The case concerns whether the State of New York can be held liable under New York City Administrative Code § 7-210 as an abutting landowner for sidewalk maintenance. The State argued that its waiver of immunity, set forth in Court of Claims Act § 8, does not extend to liability created by local law. However, the court found that Court of Claims Act § 8's waiver of sovereign immunity is limited only by its procedural requirements and the Workers’ Compensation Law, not by tort liability created by local law. The court also determined that Municipal Home Rule Law § 11 (1) (j) does not prohibit local governments from transferring liability to the State as an abutting property owner, as long as no state statute is superseded. Distinguishing prior cases, the court concluded that the State's arguments against liability were unavailing, effectively upholding the State's potential liability under the local law.

Sovereign ImmunityTort LiabilitySidewalk MaintenanceLocal LawState LiabilityAdministrative CodeCourt of Claims ActMunicipal Home Rule LawStatutory ConstructionAbutting Landowner
References
11
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. MISSING
Regular Panel Decision

New York State National Organization for Women v. Cuomo

This action addresses constitutional violations by the New York State Division of Human Rights (SDHR) for its delayed processing of discrimination complaints. Plaintiffs, including NOW, moved to amend their complaint to add Governor Pataki and Commissioner Mercado in their personal capacities and to include a third subclass for administrative convenience dismissals. NOW also sought to supplement its complaint with claims against Commissioner Mercado for new intake procedures and a preliminary injunction to halt their enforcement. The court affirmed the magistrate judge's recommendations, granting all of plaintiffs' motions, finding a likelihood of success on the merits and irreparable harm to complainants due to SDHR's ambiguous and erratically applied new rules. A full bench trial is scheduled for June 8, 1998.

DiscriminationDue ProcessEqual ProtectionAdministrative DelayHuman Rights LawClass ActionPreliminary InjunctionMotion to AmendMotion to SupplementState Agency
References
15
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. 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
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