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

Case No. ADJ3741925 (VNO 0106922) ADJ3558542 (VNO 0106921)
Regular
Jul 06, 2012

MICHELE KOTLARCHICK vs. GENERAL MOTORS CORPORATION

The Workers' Compensation Appeals Board denied General Motors' Petition for Reconsideration regarding a $500 contempt citation. The Board found the defendant's counsel persistently argued a point after the judge ruled against him and warned of contempt. This continued defiance constituted deliberate disobedience and flouting of the court's authority. Additionally, the Board denied the Petition for Removal concerning a discovery order, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardMichele KotlarchickGeneral Motors CorporationPetition for ReconsiderationContempt citationVigorous advocacyDefiance of rulingDirect contemptLabor Code § 5309(c)Petition for Removal
References
4
Case No. MISSING
Regular Panel Decision
May 17, 1990

Bergin v. Peplowski

Plaintiff commenced an action seeking a preliminary injunction to prevent defendants from obstructing a common driveway. Despite the injunction, defendants continued to obstruct access. Plaintiff moved to hold defendants in contempt, which the Supreme Court granted, imposing a fine and counsel fees. On appeal, the higher court affirmed the contempt finding, concluding that the preliminary injunction's mandate was clear and defendants' disobedience was proven. The court rejected defendants' arguments regarding the injunction's precision, its breadth, and the necessity of a hearing, finding sufficient factual basis in the submitted papers.

Contempt of CourtPreliminary InjunctionCommon DrivewayObstructionCivil ContemptAppellate ReviewCourt Order EnforcementProperty RightsJudiciary LawMotion Practice
References
5
Case No. 2023 NY Slip Op 03275 [217 AD3d 1168]
Regular Panel Decision
Jun 15, 2023

Matter of Jazmyne VV.

This case involves an appeal by Jazmyne VV. from an order of the Family Court of Cortland County, which adjudicated her a Person in Need of Supervision (PINS). The principal of Randall Middle School, Juliann Quinn, filed the PINS petition due to Jazmyne's habitual truancy and disobedient behavior. Jazmyne argued that the PINS petition was jurisdictionally defective, citing the absence of a manifestation determination hearing and the Probation Department's failure to provide its case record to Family Court. The Appellate Division, Third Department, affirmed the Family Court's order, concluding that a manifestation determination hearing was not warranted as Jazmyne was not a special education student at the time, the record was made available to the court, and the petition adequately detailed diversion efforts.

PINSTruancySpecial Education Student StatusManifestation Determination HearingDiversion ServicesFamily Court Act Article 7Appellate ReviewJurisdictional DefectsCortland CountySchool Discipline
References
12
Case No. MISSING
Regular Panel Decision
Dec 07, 1999

Rancano v. Chase Manhattan Bank

This case involves an appeal concerning a personal injury action where a plaintiff sustained injuries from a trip and fall over a step stool in an office corridor. The defendant premises occupant moved for summary judgment, arguing a lack of notice regarding the hazardous condition. The motion was denied by the Supreme Court, New York County (Harold Tompkins, J.). The appellate court unanimously affirmed this denial, finding that the plaintiff's submissions raised issues of fact concerning the cluttered corridor and whether the defendant had actual or constructive notice of the danger. The court also upheld the consideration of a co-worker's affidavit, which detailed prior complaints about the corridor's condition, as no prejudice or willful disobedience of disclosure obligations was demonstrated by the defendant.

Personal InjuryTrip and FallPremises LiabilitySummary Judgment MotionIssue of FactConstructive NoticeActual NoticeCo-worker AffidavitDisclosure DisputeAppellate Affirmance
References
3
Case No. MISSING
Regular Panel Decision
Apr 30, 1975

In re Jose D.

The case involves an appeal against a Family Court order from Bronx County, issued on April 30, 1975, which placed an appellant with the Division for Youth Title III. This placement followed a 1973 determination that the appellant was a person in need of supervision (PINS), stemming from a 1972 petition filed by his mother due to truancy and disobedience. After an initial placement at Lincoln Hall and a subsequent abscondment, the appellant was later located, returned, and then transferred to the Division for Youth. The appellate court unanimously reversed the 1975 order, remanding the case for a new dispositional hearing. The court highlighted that at 16 years old, the appellant's failure to attend school alone could not justify a new petition. Crucially, evidence presented at the hearing indicated the appellant's efforts towards rehabilitation while residing with his mother, her desire for him to remain home, and the willingness of a Legal Aid Society social worker to help arrange a specialized school program, suggesting more suitable alternatives to confinement.

PINSJuvenile JusticeFamily LawTruancyDispositional HearingAppealReversed and RemandedRehabilitationChild WelfareNew York Family Court
References
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