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

Case No. 00-80050A
Regular Panel Decision
May 23, 2000

Victory Markets, Inc. v. NYS Unemployment Insurance (In Re Victory Markets Inc.)

Victory Markets, Inc. (VMI) and Victory Markets, LLC (LLC) initiated an adversary proceeding against the New York State Unemployment Insurance Division of the Department of Labor, challenging the Department's transfer of VMI's unemployment insurance tax experience rating to new owners following VMI's Chapter 11 reorganization. VMI argued this transfer violated its reorganization plan and negatively impacted funds available for creditors. The Department moved to dismiss for lack of subject matter jurisdiction, contending the dispute involved non-debtor parties and state law, and was furthermore precluded by the Tax Injunction Act. The Bankruptcy Court, presided over by Chief Judge STEPHEN D. GERLING, granted the Department's motion, finding it lacked jurisdiction under 'arising in,' 'arising under,' or 'related to' doctrines, as the matter concerned a state agency's application of state law against non-debtors with a remote connection to the bankruptcy estate. The court also emphasized the availability of a plain, speedy, and efficient remedy in state courts, which barred federal intervention.

BankruptcySubject Matter JurisdictionTax Injunction ActNew York Labor LawUnemployment Insurance TaxChapter 11 ReorganizationAdversary ProceedingState Tax DisputeNon-Debtor PartiesExperience Rating Transfer
References
20
Case No. MISSING
Regular Panel Decision

City of New York v. Pierce

The City of New York (NYC) initiated an action against the United States Department of Housing and Urban Development (HUD) and Jersey City to prevent the award of Urban Development Action Grant (UDAG) funds for the Harborside development. NYC alleged that HUD's approval violated 42 U.S.C. § 5318(h) because a required job replacement program, tied to Bankers Trust Co.'s move to Jersey City, was eliminated. HUD subsequently withdrew its approval of the amended UDAG grant and is reconsidering the funding. Jersey City moved to dismiss the action for lack of jurisdiction, while NYC formally moved for a stay. The court granted NYC's motion for a stay, reasoning that HUD's reconsideration effectively eliminated the subject matter dispute, rendering any adjudication by the court advisory and not ripe for resolution. The court also found no prejudice to Jersey City in granting the stay.

Urban Development Action GrantUDAGHousing and Urban DevelopmentHUDJob Replacement ProgramStay of ActionJurisdictionMootnessRipenessFederal Civil Procedure
References
6
Case No. MISSING
Regular Panel Decision

In re Exotic Island Enterprises

This case involves appeals by Exotic Island Enterprises and Sliffer Enterprises, Inc., corporations owned by Keith Slifstein, against decisions from the Unemployment Insurance Appeal Board. The Department of Labor had initially determined that exotic dancers performing at their venues, Fantasy Island Gent Club and Pleasure Island II, were employees, leading to assessments for additional unemployment insurance contributions. An Administrative Law Judge and subsequently the Unemployment Insurance Appeal Board affirmed this determination. The court, in turn, affirmed the Board’s decision, finding substantial evidence that the corporations exercised sufficient direction and control over the dancers to establish an employment relationship. Factors included Slifstein's involvement in dancer selection, scheduling, pricing for private dances, retention of a percentage of earnings, and provision of performance infrastructure. The court also noted the corporations' failure to provide remuneration documentation, allowing the Department to assess contributions based on available information.

Unemployment Insurance AppealExotic Dancers Employee StatusEmployer ControlUnemployment Insurance ContributionsAdministrative Law Judge DecisionWorkers Compensation CoverageLabor Law ComplianceAppellate ReviewSubstantial EvidenceBusiness Operations
References
7
Case No. MISSING
Regular Panel Decision

Moss v. Department of Civil Service

The petitioner, a Senior Youth Parole Worker, initiated an Article 78 proceeding challenging the State Department of Civil Service's requirement of a Master's degree for the Youth Parole Supervisor promotion examination. His application was denied due to the lack of this degree, despite his advanced graduate study and prior assurances of eligibility based on earlier prerequisites. The court affirmed the Civil Service Department's broad discretion in establishing minimum qualifications for competitive examinations. It ruled that earlier prerequisites or unauthorized assurances do not confer a vested right to bypass current requirements, which are subject to the exclusive jurisdiction of the State Department of Civil Service. Consequently, the application was denied, and the petition dismissed.

Civil Service LawPromotion ExaminationEducational RequirementsMaster's DegreeYouth Parole SupervisorDiscretionVested RightsArticle 78 ProceedingState EmployeesCivil Service Commission
References
6
Case No. MISSING
Regular Panel Decision

In re the Claim of McMeekin

The Orange County Department of Social Services appealed a decision by the Unemployment Insurance Appeal Board, which had found the Department liable for additional unemployment insurance contributions for a claimant and others similarly situated, ruling them employees. The Department contended that the claimant, an informal day care provider, was an independent contractor, not an employee. The court agreed with the Department, concluding that the Department did not exert the necessary direction and control over the claimant's work to establish an permanent employment relationship. Key factors supporting this included the claimant's selection by recipients, work location in recipients' homes, independent schedule coordination, freedom to work for others, and lack of Departmental training or supervision. Consequently, the Board's decision was deemed unsupported by substantial evidence and was reversed, with the case remitted for further proceedings consistent with the court's finding.

Unemployment InsuranceIndependent ContractorEmployment RelationshipDay Care ProviderDirection and ControlReversalRemandAppellate DivisionSocial ServicesOrange County
References
4
Case No. MISSING
Regular Panel Decision

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

The court reviewed CPLR article 78 petitions challenging the New York State Urban Development Corp.'s (ESDC) modification of the Atlantic Yards Project plan under the State Environmental Quality Review Act (SEQRA). Petitioners argued ESDC irrationally maintained a 10-year project build-out date and failed to mandate a supplemental environmental impact statement (SEIS), despite significant project delays outlined in new agreements. The court found ESDC's continued use of the 10-year build date arbitrary and capricious and its environmental analysis inadequate, necessitating an SEIS to address prolonged construction impacts. However, the court denied a stay on Phase I construction, citing its advanced stage and prior environmental review.

Environmental ReviewSEQRAAtlantic Yards ProjectProject Build-Out DelaySupplemental Environmental Impact Statement (SEIS)Rational Basis ReviewArbitrary and CapriciousDevelopment AgreementMTA AgreementNeighborhood Character Impacts
References
19
Case No. MISSING
Regular Panel Decision

Klein v. A.D. Development Ltd.

Frank Klein's motion to consolidate action numbers 1 and 2 was granted without opposition. Defendant Kala Zaveri, also president of A.D. Development Ltd., filed a cross-motion for summary judgment in the consolidated action, arguing she was exempt from liability under Labor Law § 240 (1) as an owner of a single-family dwelling. However, the court denied her motion, finding that the dwelling was part of a commercial enterprise intended for resale, not personal use. The court reasoned that the homeowner's exemption did not apply to commercial developers, emphasizing the statute's intent to place responsibility for worker safety on those best suited to provide such safeguards.

Labor Law § 240 (1)Homeowner ExemptionCommercial EnterpriseSummary JudgmentStatutory InterpretationWorker SafetyConsolidated ActionDeveloper LiabilityThird-Party Action
References
3
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
Apr 18, 2006

Claim of Mayette v. Village of Massena Fire Department

A firefighter for the Village of Massena Fire Department, exposed to xylene fumes and severe sunburns in 1989, developed basal cell carcinoma and psychological conditions, leading him to file for workers' compensation in 2002. Although a Workers' Compensation Law Judge (WCLJ) initially found prima facie evidence, an independent medical examination report was later precluded. Subsequent decisions by a WCLJ and the Workers' Compensation Board found no causal link between the claimant's exposure and his disability, deeming the treating physician's testimony speculative. The appellate court affirmed, concluding that the Board's determination was supported by substantial evidence and that the claimant failed to prove causation with competent medical evidence, upholding the rejection of speculative expert opinions.

chemical exposurexylenebasal cell carcinomaskin canceroccupational diseasemedical causationspeculative testimonyexpert witnessappellate reviewfirefighter
References
11
Case No. 2017 NY Slip Op 08117 [155 AD3d 1633]
Regular Panel Decision
Nov 17, 2017

Flowers v. Harborcenter Development, LLC

Plaintiff, David Flowers, was injured on a construction site when a bundle of steel rebar, being hoisted by a crane, fell and struck his head. He sued Harborcenter Development, LLC, and others under Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted Flowers' motion for partial summary judgment on his § 240 (1) claim and partially denied the defendants' cross-motion. The Appellate Division, Fourth Department, affirmed the granting of summary judgment on the § 240 (1) claim, finding sufficient evidence of a falling object due to inadequate safety devices. However, the court modified the order, granting the defendants' cross-motion regarding the Labor Law § 241 (6) claim based on 12 NYCRR 23-6.1 (d), as that regulation's mandate does not apply to the type of crane used. The court also found triable issues of fact remaining for the § 241 (6) claim based on 12 NYCRR 23-8.1 (f) (6).

Construction AccidentLabor Law 240(1) ClaimFalling ObjectSummary Judgment MotionAppellate ReviewIndustrial Code ViolationProximate CauseComparative NegligenceCrane OperationsRebar Movement
References
14
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