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

Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

Matter of Edgar V.L.

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
Case No. MISSING
Regular Panel Decision

State v. Philip Morris Inc.

This case involves an appeal concerning the power of a Commercial Division Justice to initiate a sua sponte inquiry into an arbitration panel's award of legal fees rendered pursuant to a settlement agreement in a class action. The underlying litigation was initiated by the State of New York and its Attorney General against several tobacco companies. Justice Crane, who originally presided, approved a Master Settlement Agreement (MSA) that included a Fee Payment Agreement for private, binding arbitration of outside counsel's fees. Justice Ramos, who later took over the case, initiated a sua sponte inquiry into a $625 million arbitration award to outside counsel, citing CPLR Article 9 and inherent judicial authority, and appointed 'independent counsel' for the plaintiff class. The Appellate Division found that Justice Ramos lacked jurisdiction for such an inquiry, as the court's retained jurisdiction was limited to implementing or enforcing the Consent Decree, not modifying it. The court also held that Justice Crane's prior approval of the MSA, including the binding arbitration clause, was final and affirmed by the Appellate Division. The court further determined that CPLR Article 9 did not override the strong public policy favoring consensual arbitration in this context. Consequently, the Appellate Division reversed Justice Ramos's orders, dismissed his sua sponte proceeding, and vacated the appointment of independent counsel.

Arbitration Award ReviewAttorney Fees DisputeClass Action SettlementJudicial Sua Sponte AuthorityAppellate Court ReversalMaster Settlement AgreementJurisdiction LimitsCommercial Division PowersLegal Ethics InquiryTobacco Industry Litigation
References
27
Case No. MISSING
Regular Panel Decision

Oi Tai Chan v. Society of Shaolin Temple, Inc.

In this vigorously contested action alleging fraud and breach of contract, the court addressed several motions. Defendant Shi's motion for summary judgment was denied due to unresolved factual disputes regarding the nature of significant monetary transfers from the plaintiff to a religious organization. The court granted the plaintiff's cross-motion to resume defendant Shi's deposition, sanctioning defense counsel Kenneth Jiang for repeatedly instructing his client not to answer questions in defiance of prior court directives. Additionally, the court denied Shi's cross-motion to disqualify plaintiff's counsel, citing a lack of necessary testimony, cumulative evidence, and the motion's untimely and potentially retaliatory nature. A special referee was appointed to supervise remaining discovery and settlement efforts.

Fraudulent InducementBreach of ContractDiscovery DisputeSummary Judgment MotionDeposition ObstructionAttorney SanctionsCounsel DisqualificationRules of Professional ConductAudio Recording AdmissibilityQueens County Court
References
68
Case No. MISSING
Regular Panel Decision

In re Grace PP.

This case involves an appeal from a County Court order in Saratoga County. The order directed respondent, as attorney-in-fact for Grace PP. (an alleged incapacitated person, AIP), to pay counsel fees to the AIP's assigned counsel and to the petitioner's counsel. The petitioner, a licensed social worker, initiated a Mental Hygiene Law article 81 proceeding to appoint a guardian for Grace PP., who suffered from dementia and required nursing home placement. County Court appointed a temporary guardian and ordered the respondent to pay counsel fees. The respondent appealed, arguing the AIP was indigent due to Medicaid benefits. The appellate court found no error or abuse of discretion in the County Court's award of counsel fees and affirmed the order, noting the record lacked evidence of the AIP's indigence despite her Medicaid recipient status.

Counsel FeesIndigenceMedicaid BenefitsAttorney-in-factGuardian AppointmentIncapacitated PersonDementiaNursing Home PlacementAppellate ReviewSaratoga County
References
3
Case No. MISSING
Regular Panel Decision

In re Eggleston

This case involves an appeal from an order entered May 29, 2002, which summarily dismissed a petition for the appointment of a guardian under Article 81 of the Mental Hygiene Law. The petitioner, Commissioner of Social Services, sought a guardian for a 69-year-old respondent facing eviction and exhibiting inability to manage personal needs and property due to profound depression. The lower court dismissed the petition without a hearing and declined to appoint counsel for the respondent, despite recommendations from a court evaluator and the respondent's requests. The appellate court unanimously reversed the dismissal, reinstated the petition, and remanded the case for further proceedings, emphasizing the necessity of a hearing and the appointment of counsel to ensure due process and proper adjudication under Article 81. The court highlighted that Article 81 mandates evaluating specific incapacities to tailor guardianship powers and that a hearing is crucial for presenting evidence and ensuring fairness.

GuardianshipMental Hygiene Law Article 81IncapacityDue ProcessRight to CounselEvictionDepressionAppellate ReviewRemandPsychiatric Evaluation
References
2
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. MISSING
Regular Panel Decision
Apr 23, 2009

Iron Workers Local No. 25 Pension Fund v. Credit-Based Asset Servicing & Securitization, LLC

This opinion by District Judge Jed S. Rakoff addresses the appointment of a lead plaintiff in consolidated securities class actions against Merrill Lynch & Co., Inc. The two primary contenders were the Public Employees’ Retirement System of Mississippi (MissPERS) and the Iron Workers Local No. 25 Pension Fund. The Court scrutinized an arrangement between the Iron Workers Fund and its counsel, Coughlin Stoia, involving free monitoring services, which raised concerns about lawyer-driven litigation. While MissPERS also used monitoring firms, its internal oversight and reliance on multiple firms mitigated similar concerns. Consequently, the Court granted MissPERS’ motion to be lead plaintiff, appointing Bernstein Litowitz Berger & Grossmann LLP as lead counsel, and denied the Iron Workers Fund's motion.

Securities Class ActionLead Plaintiff AppointmentPSLRALawyer-Driven LitigationConflict of InterestInstitutional InvestorsSubprime MortgagesFiduciary DutyClass Action ReformMonitoring Agreements
References
15
Case No. MISSING
Regular Panel Decision

1234 Broadway LLC v. Feng Chai Lin

In a holdover proceeding, the respondent, Feng Chai Lin, a mentally ill individual, had a CPLR article 12 guardian ad litem (GAL) appointed. The GAL entered into a stipulation agreeing to the respondent vacating her rent-stabilized apartment. However, the respondent, later represented by new counsel and a new GAL, moved to vacate the stipulation, asserting she never consented. The court found that the respondent had not consented due to communication barriers, mental illness, and lack of proper legal understanding. The central legal question addressed was whether a housing court GAL has the authority to settle a ward's property rights against the ward's explicit wishes. The court determined that a CPLR article 12 GAL lacks such authority, particularly when contrasted with the more rigorous appointment process for a Mental Hygiene Law article 81 guardian. Consequently, the April 2008 stipulation was vacated, upholding the respondent's right to self-determination over her property.

Guardian ad litemMental incapacitySettlement stipulationProperty forfeitureDue process rightsSelf-determinationHoldover proceedingRent stabilizationCPLR Article 12Mental Hygiene Law Article 81
References
20
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
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