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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

Vision Environmental Services Corp. v. New York City Department of Environmental Protection

The Appellate Division confirmed a determination by the Environmental Control Board, which found petitioners (an owner and a contractor) in violation of city asbestos regulations. The violations included failure to ensure workers wore protective gloves, maintain a proper ground-fault interrupter, provide adequate shower heads in the decontamination room, and ensure the shift supervisor wore proper protective clothing. The court found substantial evidence supported the Board's determination, and affirmed that the owner was liable for the contractor's violations. The petition brought pursuant to CPLR article 78 was denied and dismissed.

Asbestos RegulationsEnvironmental ViolationsWorker SafetyProtective EquipmentOwner LiabilityContractor LiabilityAdministrative ReviewArticle 78 ProceedingSubstantial EvidenceNew York City
References
1
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. MISSING
Regular Panel Decision

Fourth Branch Associates v. Department of Environmental Conservation

Petitioners Joseph Harris and Fourth Branch Associates initiated a CPLR article 78 proceeding challenging the New York State Department of Environmental Conservation (NYSDEC)'s issuance of a 'Notice of Complete Application and Determination of No Significance' and a '401 Water Quality Certificate' for a proposed hydroelectric project by ENERCO Corporation and Adirondack Hydro Development Corporation (AHDC). Petitioners contended that NYSDEC violated the State Environmental Quality Review Act (SEQRA) by not requiring an environmental assessment form, an environmental impact statement, or public hearings. AHDC argued federal preemption by the Federal Power Act, limiting NYSDEC's review to water quality standards. NYSDEC also moved for remand, acknowledging a procedural error in not requiring an environmental assessment form but arguing against preemption. The court determined that the Federal Power Act preempts NYSDEC from conducting a full SEQRA environmental review, limiting its authority to assessing compliance with State water quality standards. Consequently, NYSDEC was found to lack authority to require SEQRA-mandated forms, statements, or hearings for the 401 water quality certification.

Environmental LawFederal PreemptionWater Quality CertificationHydroelectric ProjectsState Environmental Quality Review Act (SEQRA)Federal Power ActCPLR Article 78 ProceedingState AuthorityEnvironmental ReviewRegulatory Control
References
56
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. MISSING
Regular Panel Decision

Balsam Lake Anglers Club v. Department of Environmental Conservation

The petitioner, Balsam Lake Anglers Club, initiated a hybrid proceeding challenging a Unit Management Plan (UMP) for the Balsam Lake Mountain Wild Forest area. The challenge focused on alleged violations of Article XIV of the New York State Constitution concerning timber removal, infringement on easements, and non-compliance with the State Environmental Quality Review Act (SEQRA). The court determined that the UMP did not violate the State Constitution or the petitioner's property rights as the timber cutting was deemed insubstantial and consistent with public use. However, the court found that the respondents, particularly the Department of Environmental Conservation, failed to adhere to SEQRA's procedural and substantive requirements by issuing a negative declaration without a comprehensive 'hard look' or a reasoned elaboration of environmental impacts. Consequently, the petition was granted in part regarding the SEQRA violation, and the matter was remitted to the Department of Environmental Conservation for further proceedings consistent with the ruling.

Environmental LawSEQRAUnit Management PlanForest PreserveArticle XIVNew York State ConstitutionTimber CuttingEasementsWild Forest LandsJudicial Review
References
16
Case No. MISSING
Regular Panel Decision

Farren v. Shaw Environmental, Inc.

Plaintiff Ann Farren, administratrix of Kenneth Farren's estate, sued Defendant Shaw Environmental, Inc. for Title VII and New York State Human Rights Law violations, alleging gender discrimination and retaliation. Kenneth Farren, a laborer's foreman, reported sexual harassment by a coworker, Albert Puma, including sexually explicit and threatening remarks. Defendant disciplined Puma with a one-week suspension, but Farren eventually left the job due to alleged escalating harassment and was later terminated during a workforce reduction. The court granted Defendant's motion for summary judgment, finding no evidence of gender-related harassment or disparate treatment, and no triable issue of fact regarding retaliation or constructive discharge. The court concluded that Puma's comments were expressions of animosity rather than sexual desire and that Farren's absenteeism was a legitimate, non-discriminatory reason for termination.

Gender DiscriminationSexual HarassmentHostile Work EnvironmentRetaliationSummary JudgmentTitle VIINew York State Human Rights LawConstructive DischargeExhaustion of Administrative RemediesDisparate Treatment
References
36
Case No. 13-06-00569-CV
Regular Panel Decision
Oct 30, 2008

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

This case involves an appeal by Canyon Regional Water Authority (Canyon Regional) regarding water rates charged by Guadalupe-Blanco River Authority (Guadalupe-Blanco) and the administrative rules of the Texas Commission on Environmental Quality (the Commission). Canyon Regional challenged Guadalupe-Blanco's rate increases, arguing they were not

Water Rate AppealContractual InterpretationAdministrative LawDeclaratory ReliefAttorney's FeesSummary JudgmentPublic Interest HearingTexas Commission on Environmental QualityGuadalupe-Blanco River AuthorityCanyon Regional Water Authority
References
14
Case No. 03-15-00814-CV
Regular Panel Decision
Jun 02, 2016

A. I. Divestitures, Inc.// the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality v. the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality// A. I. Divestitures, Inc.

This case involves an appeal from a district court's order concerning a plea to the jurisdiction. Appellant A. I. Divestitures, Inc. (A.I.) challenged a 2013 compliance history rating assigned by the Texas Commission on Environmental Quality (Commission) and its Executive Director, Richard Hyde, which classified A.I. as an 'unsatisfactory performer'. A.I. argued that an agreed final judgment (AFJ) used by the Commission should not have been considered due to its specific terms and that the Commission's actions were arbitrary and capricious. A.I. also sought declaratory relief under various acts and alleged a breach of contract. The Court of Appeals determined that A.I.'s suit for judicial review was moot because the 2013 rating had been superseded. The court further held that A.I.'s claims for declaratory relief lacked a justiciable controversy and its breach of contract claim was barred by sovereign immunity, leading to the dismissal of the entire case for lack of subject matter jurisdiction.

Compliance HistoryEnvironmental RegulationJudicial ReviewPlea to JurisdictionMootness DoctrineSovereign ImmunityDeclaratory JudgmentBreach of ContractTexas Water CodeTexas Health and Safety Code
References
36
Case No. CA 12-02386
Regular Panel Decision
Nov 08, 2013

PRICE TRUCKING CORP. v. AAA ENVIRONMENTAL, INC.

Price Trucking Corp. (plaintiff-respondent) commenced an action alleging that First Niagara Bank, N.A. (defendant-appellant) violated Lien Law article 3-A by automatically transferring funds from AAA Environmental, Inc.'s operational account into its line of credit account, which Price Trucking claimed constituted a diversion of Lien Law trust assets. The Supreme Court granted Price Trucking's motion for partial summary judgment, finding First Niagara liable as a Lien Law statutory trustee and that it had both actual and constructive notice of the diversion. The Appellate Division, Fourth Judicial Department, modified the order, denying Price Trucking's motion in its entirety. It concluded that First Niagara was not a statutory trustee under the facts and that the Supreme Court erred in applying a constructive notice standard, asserting that only actual notice is applicable to banks for the holder in due course defense under Lien Law § 72 (1).

Lien LawTrust AssetsHolder in Due CourseActual NoticeConstructive NoticeUniform Commercial CodeLender LiabilitySubcontractorsSummary JudgmentAppeal
References
10
Case No. 2019 NY Slip Op 02281
Regular Panel Decision
Mar 26, 2019

Matter of Whiting-Turner Contr. Co. v. Environmental Control Bd. of the City of N.Y.

The Appellate Division, First Department, confirmed a determination by the Environmental Control Board of the City of New York, which found Whiting-Turner Contracting Company in violation of New York City Building Code § BC 3301.2 and imposed a penalty of $2,400. The court found substantial evidence to support the Board's determination that Whiting-Turner was the general contractor and thus responsible for safety measures at a mall construction site, where a worker was injured. The court also upheld the Board's limitation of administrative appellate review to the record established before the hearing officer, as petitioner failed to show good cause for admitting new records after the hearing.

Building Code ViolationGeneral Contractor LiabilityConstruction Site SafetyAdministrative ReviewCPLR Article 78Appellate DivisionEnvironmental Control BoardWork PermitSubstantial EvidenceRecord Review
References
1
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