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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

Opn. No.

This legal opinion addresses whether cost-of-living adjustments paid by the New York City Transit Authority (TA) to its employees, represented by the Transport Workers Union of America (TWU), are subject to suspension under the wage freeze provisions of the Financial Emergency Act for the City of New York. The Act, enacted in 1975 to address the city's fiscal crisis, includes the TA as a 'covered organization' whose salary and wage increases are suspended. The opinion concludes that cost-of-living adjustments constitute 'salary or wages' based on common interpretation and legal precedents. Therefore, the opinion holds that such payments by the TA would violate the Act's wage freeze mandate, aligning with the legislative intent to prevent the city's financial collapse.

Wage freezeCost-of-living adjustmentsFinancial Emergency ActNew York City fiscal crisisPublic employeesCollective bargainingStatutory interpretationEmergency powersGovernmental entitiesEconomic stabilization
References
11
Case No. MISSING
Regular Panel Decision

Korean American Nail Salon Ass'n of New York, Inc. v. Cuomo

This case involves a hybrid CPLR article 78 proceeding and declaratory judgment action brought by two trade groups representing Korean and Chinese owned nail salons in New York State. Petitioners sought to vacate the September 4, 2015 emergency rule by the NYS Department of State (DOS), which mandated wage bonds, and challenged the August 7, 2015 certification by the Department of Financial Services (DFS) that wage coverage was 'readily available.' These actions followed state investigations into wage violations in nail salons and new legislation aimed at protecting workers in the industry. The court ultimately rejected all of petitioners' arguments, finding no arbitrary action by the DFS, sufficient statutory authority, and proper justification for the emergency rule under the State Administrative Procedure Act. Claims of due process and equal protection violations were also dismissed, as the court determined the legislation served a legitimate state interest in worker protection. Consequently, the petition was dismissed, and injunctive relief was denied.

wage bond mandatenail salon industryCPLR Article 78declaratory judgmentemergency regulationState Administrative Procedure Actdue processequal protectionworker protectionregulatory challenge
References
7
Case No. MISSING
Regular Panel Decision

Tesillo v. Emergency Physician Associates, Inc.

Manuel Tesillo sued Emergency Physician Associates, Inc. (EPA) for medical malpractice, alleging vicarious liability for the negligence of Dr. William C. Shepherd, an emergency physician at Schuyler Hospital. EPA moved for summary judgment, arguing Dr. Shepherd was an independent contractor. The court found material issues of fact regarding the extent of EPA's control over Dr. Shepherd and its managerial obligations to the Emergency Department, which could establish an employer-employee relationship despite contractual terms. Consequently, the court denied EPA's motion for summary judgment, indicating that the determination of Dr. Shepherd's employment status requires further discovery and possibly a trial.

Medical MalpracticeVicarious LiabilityRespondeat SuperiorIndependent ContractorAgency by EstoppelSummary JudgmentPhysician NegligenceEmergency DepartmentControl TestMaterial Issues of Fact
References
18
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. MISSING
Regular Panel Decision
Feb 08, 1993

Kelly v. Bane

This case involves an appeal concerning an amendment to the 'Emergency Home Relief' (EHR) program regulation, 18 NYCRR 370.3 (b) (2), which set an income eligibility cap at 125% of the Federal poverty guidelines. Plaintiffs, low-income families and individuals facing eviction, challenged the amendment's validity and the denial of their applications. While the Supreme Court declared the amendment invalid, the Appellate Division modified this, ruling that the amendment itself was not irrational. However, the Appellate Division found the New York State Department of Social Services' (DSS) interpretation and application of the income test—using prospective income rather than income at the time of the emergency—to be arbitrary and capricious. The court affirmed the remand of the cases, directing re-evaluation of eligibility based on a reasonable computation of income during the emergency period.

Emergency Home ReliefAdministrative LawRegulatory InterpretationPoverty GuidelinesEviction PreventionHomelessnessIncome EligibilityArbitrary and CapriciousDeclaratory JudgmentCPLR Article 78
References
5
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. 889 F. Supp. 98
Regular Panel Decision
Jun 02, 1995

Haley v. Pataki

Legislative employees of New York State sought a preliminary injunction to compel payment of their bi-weekly salaries, which were withheld by Governor Pataki after March 31, 1995, amidst a state budget dispute. They alleged violations of the Contract Clause, Equal Protection, Due Process, and separation of powers. The court dismissed the State of New York as a defendant due to Eleventh Amendment immunity but proceeded against Governor Pataki. Finding irreparable harm and a likelihood of success on the Contract Clause claim, the court issued a mandatory preliminary injunction. This order requires the Governor, when seeking future appropriations for state workers, not to exclude legislative employees and to allocate funds for their payment.

Preliminary InjunctionContract ClauseEleventh AmendmentState EmployeesWage DisputeSeparation of PowersDue ProcessEqual ProtectionNew York StateGovernor's Powers
References
33
Case No. ADJ8191986; ADJ8717495
Regular
Nov 06, 2014

MICHAEL BEN GRAVES vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE COMPANY, Administered by BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied applicant Michael Ben Graves's emergency motion for a stay of proceedings. The WCAB found that no proceedings were currently pending before it, making the motion moot regarding appeals board actions. Furthermore, the applicant failed to demonstrate a connection between his pending Court of Appeal writ of review and the undecided vexatious litigant issue at the trial level, nor did he show irreparable harm. Consequently, the motion to stay trial-level proceedings was also denied.

Vexatious litigantEmergency motion for stayWorkers' Compensation Appeals BoardPetition for writ of reviewCourt of AppealPresiding workers' compensation administrative law judgeWCAB Rule 10782Pro se applicantSubstantial prejudiceIrreparable harm
References
0
Case No. MISC. NO. 264
En Banc
Oct 27, 2020

Workers' Compensation Appeals Board vs. State of California

The Appeals Board rescinds its suspension of WCAB Rules 10755, 10756, and 10888, which had previously suspended the dismissal of cases for failure to appear due to the COVID-19 emergency.

Workers' Compensation Appeals BoardCOVID-19State of EmergencyEn BancWCAB RulesSuspensionRescindsDismissalFailure to AppearApplication
References
4
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
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