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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

Cortland Glass Co. v. Angello

The petitioner sought to prohibit the Commissioner of Labor from allowing Iron Workers Local Union 417 to intervene in an administrative hearing. This hearing was initiated by the Department of Labor to investigate allegations that the petitioner failed to pay prevailing wages on public work projects, specifically by paying glaziers' rates instead of ironworkers' rates for preglazed window installation. The Supreme Court dismissed the petitioner's CPLR article 78 proceeding, affirming the Commissioner's authority to permit permissive intervention in adjudicatory proceedings. On appeal, the court rejected the union's argument that the appeal was not ripe for review and ultimately affirmed the Supreme Court's judgment. The decision clarified that administrative intervention rules are broader than judicial standing requirements and found no clear legal bar violated by the Hearing Officer's grant of intervention.

Administrative LawInterventionProhibition (Writ)CPLR Article 78Labor LawPrevailing WagePublic Work ProjectsAgency DiscretionRipeness DoctrineStanding to Sue
References
10
Case No. MISSING
Regular Panel Decision

Iroquois Beverage Corp. v. International Union of United Brewery, Flour, Cereal, Soft Drink & Distillery Workers of America

The case involves an application by Alger A. Williams, J. George E. Constantine, and other employees (referred to as intervenors) to join an existing arbitration proceeding. This arbitration is between Iroquois Beverage Corporation (the employer) and an unnamed union. The union initiated the arbitration to improve the seniority rights of 32 employees, which would negatively impact the intervenors. Both the employer and the union opposed the intervenors' application. The court examined legal precedents regarding individual employee rights in collective bargaining agreements, noting a trend towards recognizing an employee's right to independent representation, especially when the union's interests may conflict with those of certain members. The judge concluded that allowing the intervention would serve justice, particularly given the union's admitted prior collusion with the company regarding seniority in 1949. The court also dismissed the union's objection concerning the lack of a complete list of proposed intervenors as immaterial.

Employee RightsCollective BargainingArbitration InterventionSeniority RightsUnion RepresentationThird-Party BeneficiaryLabor LawJudicial Review of ArbitrationCollusionDue Process
References
17
Case No. MISSING
Regular Panel Decision

In re the Claim of Forbes

Claimant, a psychiatric social worker, was reclassified as an 'independent contractor' by Brooklyn Center for Families in Crisis, Inc. for the last six months of her employment, receiving an hourly rate. The Unemployment Insurance Appeal Board subsequently ruled that the Center exercised sufficient direction and control over her work, establishing her status as an employee and thus her eligibility for unemployment insurance benefits. Despite the re-designation, the claimant continued to treat the same patients in the same manner on the Center’s premises, worked under a supervisor, and the Center established the fees. The court affirmed the Board’s ruling, concluding that substantial evidence supported the finding that claimant and similarly situated individuals were employees of the Center.

Unemployment InsuranceIndependent ContractorEmployee ClassificationPsychiatric Social WorkerEmployer ControlUnemployment Insurance Appeal BoardEmployee BenefitsEmployment StatusAppellate ReviewLabor Law
References
2
Case No. MISSING
Regular Panel Decision

Bloomberg L.P. v. Board of Governors of the Federal Reserve System

This case addresses whether the Board of Governors of the Federal Reserve System (the Board) is obligated under the Freedom of Information Act (FOIA) to search for records held by the Federal Reserve Bank of New York (FRBNY) and the applicability of FOIA Exemptions 4 and 5 to documents in the Board's possession. Bloomberg L.P. initiated the suit after the Board's limited search and withholding of information related to financial crisis interventions. The court found the Board's search inadequate, mandating a search of FRBNY records per its own regulations. Additionally, it ruled that FOIA Exemptions 4 and 5 were improperly applied to the "Remaining Term Reports," ordering their disclosure. Consequently, the court granted Bloomberg’s motion for summary judgment and denied the Board’s.

FOIAFederal Reserve SystemAgency RecordsInformation DisclosureGovernment TransparencyFinancial CrisisSummary JudgmentFederal Reserve Bank of New YorkPublic InformationJudicial Review
References
36
Case No. MISSING
Regular Panel Decision

Berry v. St. Peter's Hospital

Cornelius M. Berry suffered severe brain damage during a medical procedure at St. Peter’s Hospital in 1983, leading to a medical malpractice lawsuit filed by his wife, as conservator. Health insurers, Metropolitan Life Insurance Company and Lucent Technologies, Inc., who paid significant medical expenses, sought to intervene in the suit after a confidential settlement was reached for non-medical damages. Supreme Court granted their motion for permissive intervention, giving them veto power over future settlements. The Appellate Division reversed, finding the permissive intervention an abuse of discretion due to potential prejudice to the plaintiff, undue delay, and a conflict of interest with the insureds, especially considering the "made whole" doctrine. The court held that insurers' subrogation rights defer to their primary obligations to their insureds and denied the motions for permissive intervention.

Medical malpracticeInterventionSubrogation rightsHealth insurance disputesAppellate DivisionAbuse of discretionInsurer-insured relationship"Made whole" doctrineCPLR 1013CPLR 1012
References
13
Case No. MISSING
Regular Panel Decision

People v. Pena

The defendant, accused of rape, sodomy, and sexual abuse, moved for discovery of records from the Rape Crisis Center where the complainant received counseling. The prosecution opposed the motion, citing confidentiality and lack of relevance. The court addressed the novel issue of privilege for rape crisis communications in New York, noting the absence of specific statutory authority unlike other jurisdictions. Balancing the defendant's constitutional rights of confrontation and access to exculpatory evidence against the complainant's right to confidential counseling, the court denied the motion. The decision emphasized the defendant's failure to provide a factual predicate for discovery, characterizing the request as a 'fishing expedition' and underscoring the social value of protecting victim-counselor confidentiality.

Discovery MotionRape Crisis CounselingConfidentialityPrivileged Communications6th AmendmentRight of ConfrontationExculpatory EvidenceCriminal ProcedureEvidentiary RulesVictim's Rights
References
20
Case No. MISSING
Regular Panel Decision

Brooks v. Sussex County State Bank

Richard Brooks initiated an action against Sussex County State Bank to recover $45,000 that was stopped after his former wife, Joan R. Brooks, alleged forgery on a withdrawal slip from their joint account. Ms. Brooks, who had been awarded the funds by a New York State Supreme Court decision, moved to intervene as a party defendant in the federal action. The court granted her motion, finding it timely, that she possessed a direct and legally protectable interest in the funds, and that this interest would be significantly impaired without her intervention. Furthermore, the court determined that neither the plaintiff nor the Bank adequately represented Ms. Brooks' interests due to their adverse or indifferent positions. Finally, the court confirmed that Ms. Brooks' intervention did not destroy diversity jurisdiction, as she was not an indispensable party to the action.

InterventionMotion to InterveneDiversity JurisdictionEquitable DistributionJoint Bank AccountPersonal Injury SettlementForgeryTimeliness of MotionProtectable InterestAdequacy of Representation
References
19
Case No. 2021 NY Slip Op 03351
Regular Panel Decision
May 27, 2021

Matter of Town of Southampton v. New York State Dept. of Envtl. Conservation

This case involves appeals stemming from a CPLR article 78 proceeding where the Town of Southampton and other petitioners challenged the New York State Department of Environmental Conservation's (DEC) decision to grant Mined Land Reclamation permits to Sand Land Corporation. The permits allowed for the vertical expansion of an existing sand and gravel mine in Suffolk County, an area with a sole source aquifer and local zoning prohibiting mining. The Supreme Court had denied the County of Suffolk's intervention motion and dismissed the petitioners' application. The Appellate Division affirmed the denial of intervention but reversed the dismissal, holding that ECL 23-2703 (3) applies to all mining permit applications in protected areas where local zoning prohibits mining. Consequently, DEC's issuance of the permits was deemed arbitrary and capricious, leading to their annulment.

Environmental LawMining PermitsZoning OrdinancesSole Source AquiferState Environmental Quality Review Act (SEQRA)Mined Land Reclamation LawPrior Nonconforming UseAdministrative LawAppellate ReviewStatutory Interpretation
References
32
Case No. MISSING
Regular Panel Decision
Jan 15, 1988

Pension Benefit Guaranty Corp. v. LTV Corp.

David H. Miller and William W. Shaffer ("Miller and Shaffer") moved to intervene individually and as representatives of participants in the Jones & Laughlin Retirement Plan in an action filed by the Pension Benefit Guaranty Corporation (PBGC) against LTV Corporation and LTV Steel Company ("LTV"). LTV did not object to individual intervention but opposed class action intervention, arguing it would delay the PBGC action. The court granted the motion, allowing Miller and Shaffer to intervene both individually and as class representatives. The decision emphasized that Miller and Shaffer met the minimal burden of showing that PBGC's representation might be inadequate, as their interests, seeking full plan benefits, could diverge from PBGC's role as plan administrator. This opinion allows the class action to proceed under Rule 23(e), preventing dismissal or compromise without court approval.

InterventionERISAPension PlansBankruptcyClass ActionRule 24Rule 23(e)Adequate RepresentationPlan TerminationRestoration
References
6
Case No. 2026 NY Slip Op 00962
Regular Panel Decision
Feb 19, 2026

Beadell v. Eros Mgt. Realty LLC

This case concerns the liability of a hotel (Eros Management Realty, LLC and Tryp Management Inc.) for the suicide of a guest, Dr. Noah Beadell, who jumped from his 11th-floor room. His family, aware of his suicidal ideation, contacted the hotel multiple times, requesting staff to check on him and, later, to immediately call 911 for emergency intervention. Although hotel staff checked on the guest and eventually called 911, there was a significant delay (25 minutes) after the family's urgent request for police intervention. The plaintiffs, the decedent's mother and wife, argued the hotel assumed a duty to act with due care and breached it, leading to a lost opportunity to prevent the suicide. The Court of Appeals affirmed the Appellate Division's decision, holding that the hotel did not assume a duty to prevent the suicide under the circumstances, and that the plaintiffs' reliance on the hotel's promise to call 911 was not reasonably foreseeable to establish an assumed duty.

SuicideNegligenceAssumed DutyHotel LiabilityWrongful DeathProximate CauseForeseeabilityMental Health CrisisEmergency InterventionDelayed Response
References
36
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