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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

In Re Holocaust Victim Assets Litigation

This Memorandum & Order by Judge Korman addresses objections to the allocation of settlement funds in the In re Holocaust Victim Assets Litigation class action. The Pink Triangle Coalition and Disability Rights Advocates proposed separate cy pres distributions for homosexual and disabled Nazi victims, respectively, aiming to fund education, research, and advocacy programs. They argued these groups were historically overlooked and difficult to identify for individual compensation. Judge Korman rejected both proposals, reaffirming the current allocation strategy of distributing funds directly to the neediest individual Holocaust survivors. The judge reasoned that the overwhelming and life-sustaining needs of survivors, particularly in areas like the Former Soviet Union, supersede the proposed cy pres distributions. He emphasized that the primary goal is restitution to individual victims, that there are no distinct sub-classes, and that disabled survivors are already major recipients of aid.

HolocaustClass Action SettlementFund AllocationCy Pres DoctrineVictim CompensationHomosexual VictimsDisabled VictimsNazi PersecutionHumanitarian AidSurvivor Support
References
13
Case No. MISSING
Regular Panel Decision

Mayfield v. Employers Reinsurance Corp.

Calvin A. Mayfield claimed a July 24, 1973, injury while working for Texas Tubular Products, which was appealed by their insurer, Employers Reinsurance Corporation. The case centered on the admissibility of evidence regarding Mayfield's prior injuries and the sufficiency of evidence to support the jury's finding that he was not injured on the date in question. Mayfield's treating physician linked his condition to the 1973 injury, while the defense introduced evidence of other injuries and testimony suggesting no injury occurred on July 24, 1973. The jury found Mayfield was not injured, leading to a take-nothing judgment, which the appellate court affirmed, finding no error in the admission of evidence or the jury's finding.

Workmen's CompensationAdmissibility of EvidenceOther InjuriesSole Producing CauseJury FindingSufficiency of EvidencePrior ClaimsSettlementsLump Sum RecoveryHardship
References
9
Case No. MISSING
Regular Panel Decision

People v. Cheatham

Justice Spatt dissents, voting to affirm a judgment against a defendant convicted of a crime involving a 10-year-old victim at a Queens public school. The defendant argued for reversal due to insufficient evidence and inconsistent witness testimony, or to set aside the verdict as against the weight of the evidence. Spatt, J., found the 12-year-old victim's sworn testimony, given two years after the 1985 incident, legally sufficient and the verdict supported by the evidence. The victim identified the defendant, a Parks Department employee assigned to the school's vicinity, who matched her description and had knowledge of the school. The dissent addresses and refutes the defendant's claims regarding uniform color and lack of key possession as not being decisive. The trial court's "special scrutiny" of the victim's "forthright and unwavering" testimony led to a finding of guilt beyond a reasonable doubt, which Justice Spatt upholds.

Criminal LawAppellate ReviewSufficiency of EvidenceWeight of EvidenceEyewitness IdentificationChild VictimSexual AssaultDissenting OpinionCriminal Procedure LawQueens County
References
20
Case No. MISSING
Regular Panel Decision
May 02, 2001

State v. Wyrick

The defendant, Anthony Lynn Wyriek, was convicted of two counts of aggravated rape and sentenced to concurrent terms of life without parole as a repeat violent offender. He appealed, raising multiple issues including challenges to the sufficiency of the presentment and evidence, the admission of in-court identification, and the constitutionality of the repeat violent offender statute. Crucially, the defendant also argued that the trial court erred in excluding evidence of a prior false accusation of rape by the victim, which he contended was relevant to her credibility and motive to lie. The Court of Criminal Appeals of Tennessee determined that the trial court committed harmful error by not allowing the cross-examination of the victim on this prior false accusation, particularly given the victim's testimony was the primary evidence linking the defendant to the crime and other physical evidence was inconclusive. Consequently, the court reversed the judgments of conviction and remanded the case for a new trial.

Aggravated RapeSentencing EnhancementRepeat Violent Offender StatutePrior False AccusationVictim CredibilityCross-ExaminationConfrontation ClauseDue Process ViolationEvidentiary RulesRecidivism
References
112
Case No. 2019 NY Slip Op 05441 [174 AD3d 1295]
Regular Panel Decision
Jul 05, 2019

People v. Hymes

Defendant Justin Hymes appealed his conviction from Onondaga County Court for predatory sexual assault against a child and endangering the welfare of a child. His appeal raised several contentions, including the denial of his Antommarchi right during sidebar conferences, improper admission of uncharged crime evidence, failure to suppress his statements, and challenges to the sufficiency and weight of the evidence. Hymes also argued improper bolstering testimony regarding victim disclosures and ineffective assistance of counsel for failing to object to the lack of a limiting instruction. The Appellate Division, Fourth Department, affirmed the judgment, finding the Antommarchi right waived, the victim's testimony not Molineux evidence, his statements voluntary, and the evidence sufficient. The court further ruled that the victim's disclosures were admissible under prompt outcry or to explain the investigative process, and defense counsel provided meaningful representation, despite a dissenting opinion that argued for a new trial due to the lack of a limiting instruction and ineffective assistance of counsel.

Appellate ReviewCriminal LawSexual AssaultChild EndangermentJury SelectionAntommarchi RightMolineux EvidenceSuppression of StatementsEvidentiary IssuesIneffective Assistance of Counsel
References
41
Case No. 2024 NY Slip Op 05522
Regular Panel Decision
Nov 07, 2024

Matter of New York State Off. of Victim Servs. v. Johnson

The New York State Office of Victim Services, on behalf of Harriet Days, sought a preliminary injunction against Ernest Johnson, a convicted murderer, to restrain his access to workplace injury settlement funds held in his prisoner account. The petition was filed under Executive Law § 632-a, known as the Son of Sam Law. The Supreme Court granted the injunction, which Johnson appealed. The Appellate Division, Third Department, affirmed the injunction, holding that the Son of Sam Law applies to funds acquired before conviction, supersedes Workers' Compensation Law § 33 regarding creditor claims, and allows the petitioner to seek provisional remedies like preliminary injunctions. The decision emphasizes the Legislature's intent to ensure crime victims are compensated from a convicted person's assets, regardless of the source or timing of acquisition.

Son of Sam LawPreliminary InjunctionVictim CompensationPrisoner FundsSettlement FundsExecutive LawWorkers' Compensation BenefitsStatutory InterpretationAppellate ReviewCrime Victims Board
References
12
Case No. MISSING
Regular Panel Decision

Chinese Staff & Workers Ass'n v. Bloomberg

This case involved a CPLR article 78 special proceeding initiated by various community organizations and residents against the New York City Department of City Planning (DCP). Petitioners sought to annul the Final Environmental Impact Statement (FEIS) prepared for a significant rezoning of a 111-block area in Manhattan. They contended that the DCP failed to adequately assess the socioeconomic and cumulative impacts of the rezoning on low-income communities of color. The court, presided over by Walter B. Tolub, J., reviewed whether the agency had conducted a "hard look" and provided a "reasoned elaboration" for its determinations as required by SEQRA and CEQR. Finding no evidence that respondents failed in their obligations, the court denied the petition and dismissed the proceeding.

RezoningEnvironmental Impact StatementSocioeconomic ImpactDisplacementAffordable HousingUrban PlanningCommunity DevelopmentEnvironmental Review Act (SEQRA)City Environmental Quality Review (CEQR)Uniform Land Use Review Procedure (ULURP)
References
17
Case No. MISSING
Regular Panel Decision
Jan 22, 1987

People v. Figueroa

The defendant appealed a judgment from the County Court, Orange County, convicting him of rape in the first degree and sodomy in the first degree. The defendant argued that the evidence was legally insufficient due to inconsistencies in the nine-year-old victim's testimony and that the verdict was against the weight of the evidence. The appellate court found the victim's sworn testimony provided a rational basis for the jury's conclusion, and the evidence was legally sufficient. The court addressed the victim's delayed reporting, minor inconsistencies in her testimony, and conflicting medical expert opinions, ultimately affirming the judgment.

Rape First DegreeSodomy First DegreeSufficiency of EvidenceWeight of EvidenceChild Victim TestimonyCredibility of WitnessCorroboration of TestimonyDelayed ReportingExpert Medical TestimonySexual Abuse Evidence
References
28
Case No. MISSING
Regular Panel Decision

Howe v. Howe

This case addresses significant issues related to the equitable distribution of a marital estate in a matrimonial action. The plaintiff's New York City Fire Department disability pension and his September 11th Victim Compensation Fund award are at the core of the dispute. The court determined that the separate property interest in the plaintiff's disability pension can be calculated by the pension administrator, even without extensive trial evidence, and modified the judgment to reflect this. Additionally, the court affirmed that the economic loss component of the September 11th Victim Compensation Fund award is considered 'compensation for personal injuries' under Domestic Relations Law § 236 (B) (1) (d) (2), classifying it as the plaintiff's separate property based on legislative intent. The matter was remitted to the Supreme Court for entry of an appropriate qualified domestic relations order.

Equitable DistributionMarital PropertySeparate PropertyDisability PensionPersonal Injury CompensationSeptember 11th Victim Compensation FundDomestic Relations LawNew YorkMatrimonial LawPension Distribution
References
31
Case No. MISSING
Regular Panel Decision

People v. Dean

The defendant appealed his conviction for rape in the second degree and endangering the welfare of a mentally incompetent person, stemming from sexual intercourse with a mentally impaired victim. Both the defendant and the victim had significant mental impairments, with the defendant functioning at a slightly higher level. The primary issue on appeal was whether the prosecution met its high burden of proving the victim's lack of mental capacity to consent. The appellate court reviewed the evidence, including the long-standing relationship between the defendant and victim, their families' awareness, and evidence of mutual affection. Ultimately, the court found the prosecution failed to prove beyond a reasonable doubt that the victim lacked the mental capacity to consent under the specific circumstances. Consequently, the judgment of conviction was reversed, and the indictment dismissed.

Criminal LawSexual OffensesRape Second DegreeEndangering WelfareMentally Incompetent PersonCapacity to ConsentAppellate ReviewWeight of EvidenceParens PatriaeSexual Assault
References
11
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