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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

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. MISSING
Regular Panel Decision
Oct 12, 2007

Salvador-Pajaro v. Port Authority

This case involves a Port Authority police officer who sued the Port Authority for personal injuries, alleging an unsafe workplace in New Jersey. The Port Authority's motion for summary judgment dismissing the complaint was initially denied by the Supreme Court, New York County. However, the appellate court unanimously reversed this decision, granting the motion and dismissing the complaint. The court ruled that New York's Labor Law § 27-a, which was the basis for the General Municipal Law § 205-e claim, does not apply to the Port Authority as an Interstate Compact agency, particularly without concurring legislation from New Jersey. Additionally, New York Labor Law provisions concerning workplace safety do not apply to workplaces located outside of New York, even if both the injured worker and the employer are New York domiciliaries.

Interstate Compact AgencyWorkplace SafetyJurisdictionExtraterritorial ApplicationLabor LawGeneral Municipal LawSummary JudgmentPersonal InjuryPort AuthorityEmployer-Employee Relations
References
5
Case No. MISSING
Regular Panel Decision
May 18, 2001

Lamuraglia v. New York City Transit Authority

Vincenzo Lamuraglia, a construction worker, was injured after being struck by a New York City Transit Authority bus while working. He and his wife, Rosa Lamuraglia, sued the Transit Authority entities, which then initiated a third-party action against Vincenzo's employer, Premium Landscaping, Inc. A jury found the Transit Authority 65% at fault and Premium 35% at fault, awarding damages for lost earnings, pain and suffering, and loss of services. The Supreme Court reduced some of these awards. On appeal, the judgment was modified, granting a new trial on damages unless the plaintiffs agree to further reductions in their awards for pain and suffering and loss of services. The appellate court also rejected the Transit Authority's arguments regarding jury instructions on pedestrian duty of care and the emergency doctrine.

Personal InjuryNegligenceDamagesJury VerdictAppellate ReviewThird-Party LiabilityComparative FaultWorkplace AccidentBus AccidentDuty of Care
References
14
Case No. MISSING
Regular Panel Decision

2169 Central Ltd. v. New York State Liquor Authority

Petitioners 2169 Central Ltd., operator of Shenanigan's Bar, and its president Lewis D. Cross, challenged a determination by the State Liquor Authority (SLA) which imposed a $3,000 civil penalty for employing unlicensed security guards. The petitioners initiated a CPLR article 78 proceeding, contending that the SLA exceeded its statutory authority and that its determination was not supported by substantial evidence. The court found that the SLA possessed the statutory authority to regulate and penalize licensees for violating its regulations, specifically 9 NYCRR 48.3 regarding conformance with governmental regulations. Furthermore, the court determined that the SLA's decision was supported by substantial evidence, including police investigator testimony, sworn employee statements, and Department of State certifications, which confirmed the employment of unlicensed security guards. Consequently, the court confirmed the SLA's determination and dismissed the petition.

Liquor LicenseUnlicensed Security GuardsCivil PenaltyStatutory AuthoritySubstantial EvidenceAdministrative LawAlbany CountyNew YorkAdult Entertainment ClubLiquor Control Law
References
8
Case No. MISSING
Regular Panel Decision

Claim of Neacosia v. New York Power Authority

The claimant, a nuclear security guard employed by the New York Power Authority, was required by his employer to wear and maintain a uniform. The employer covered cleaning costs, either directly through accounts at specific establishments or by reimbursement. On May 17, 1991, after his shift, the claimant took his uniforms to an approved cleaner in Oswego. While en route home from the cleaner, he was involved in an accident on State Route 104. The Workers' Compensation Board found a sufficient nexus between the uniform cleaning, which served the employer's purpose of having presentably uniformed guards, and the claimant's travel, thereby extending the scope of his employment. The Board concluded the accident arose out of and in the course of employment. The dissenting opinion argues that this conclusion was supported by substantial evidence and should have been affirmed. However, the overall order was to reverse the Board's decision and dismiss the claim.

Workers' CompensationScope of EmploymentUniform CleaningTravel AccidentEmployer LiabilityNexusStipulated FactsDissenting OpinionAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Apr 13, 2009

Zuckerberg v. Port Authority

The injured plaintiff, a police lieutenant for the Port Authority, sustained injuries after tripping over a door saddle at John F. Kennedy International Airport. After receiving workers' compensation, he and his wife filed a lawsuit against the Port Authority under the Federal Employers' Liability Act (FELA). The Port Authority moved for summary judgment, arguing FELA was inapplicable and workers' compensation was the exclusive remedy. The Supreme Court granted the motion, concluding that FELA did not apply because the alleged negligence was not connected to the Port Authority's interstate railway operations. This appellate court affirmed the decision, emphasizing that for FELA to apply, the defendant's negligent act must be committed while it is engaging in interstate commerce related to its railway operations, which was not the case here as the accident occurred in an airport office.

Federal Employers' Liability ActPersonal InjurySummary JudgmentInterstate CommerceRailroad LiabilityPolice EmploymentAirport AccidentPort AuthorityExclusive RemedyAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Leibovitz v. New York City Transit Authority

Plaintiff Diane Leibovitz, a Deputy Superintendent for the New York City Transit Authority, sued her employer and two officials for sexual harassment and retaliation under various federal and state laws. While she was never personally subjected to sexual harassment, she experienced emotional distress due to widespread sexual misconduct against other women in her workplace, leading her to claim a hostile work environment. The jury found the Transit Authority liable for "deliberate indifference to widespread discriminatory practices and sexual misconduct against others" and awarded Leibovitz $60,000 in damages. The court denied the defendant's motions for a directed verdict, new trial, and remittitur, affirming the jury's verdict and the damages award, finding sufficient evidence to support the claim of a hostile work environment and employer liability.

Hostile Work EnvironmentSexual HarassmentTitle VIIEmployer LiabilityDamages AwardStandingEmotional DistressVicarious LiabilityDeliberate IndifferenceCivil Rights Act
References
36
Case No. MISSING
Regular Panel Decision

Claim of Duff v. Port Authority of New York & New Jersey

Claimant, a property manager for the Port Authority of New York and New Jersey, was scheduled to work at One World Trade Center on September 11, 2001, but remained at home. After learning of the attack, he voluntarily traveled to the site, was present when the second tower fell, and subsequently assisted as a volunteer in rescue efforts, sustaining psychological injuries. His initial claim for workers’ compensation benefits was established, but the Workers’ Compensation Board later reversed these decisions, finding his injury not work-related. Claimant appealed the Board's decisions, arguing that the employer's objection was untimely and that the Board erred in its finding. The Appellate Division affirmed the Board's decision, concluding that the Board has discretionary authority to review untimely applications and that substantial evidence supported the finding that the injury did not arise out of and in the course of his employment.

September 11 AttacksWorld Trade CenterPsychological InjuryPost-traumatic Stress DisorderVolunteer ActionsWork-RelatednessCompensability of InjuryWorkers' Compensation Board ReviewTimeliness of ObjectionDiscretionary Authority
References
9
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. State

Mary Myers, a Seventh Day Adventist, was terminated from her employment by the Transit Authority for her refusal to work on Saturdays due to religious observance. Despite the Transit Authority's attempts to accommodate her, the Transport Workers Union's collective bargaining agreement, which prioritized seniority for work assignments and days off, prevented such accommodation without waiving other employees' seniority rights. The Commissioner of Human Rights found Ms. Myers' religious convictions sincere. However, the court, citing precedent regarding union seniority systems, annulled the administrative determination that had supported Ms. Myers. Justice Rubin, in a concurring opinion, criticized the legal framework that exempts union seniority systems from civil rights statutes, arguing for a joint employer and union obligation to reasonably accommodate religious beliefs, especially for quasi-public entities.

Religious discriminationSeniority systemCollective bargaining agreementReasonable accommodationSabbath observanceFreedom of religionFirst AmendmentCivil Rights ActExecutive LawEmployment termination
References
5
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