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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

Mental Hygiene Legal Service v. Maul

The Mental Hygiene Legal Service (MHLS), represented by its director Bruce Dix, petitioned the court to compel Thomas Maul, Commissioner of OMRDD, and Joseph Colarusso, Director of Sunmount DDSO, to provide access to investigative files regarding an incident involving resident Lynnette T. MHLS argued its statutory mandate under Mental Hygiene Law § 47.03 required access to safeguard residents from abuse. Respondents contended the records were protected from disclosure under Education Law § 6527 (3) and Mental Hygiene Law § 29.29, which prioritize confidentiality for quality assurance and incident investigations. The court, however, distinguished between CPLR Article 31 discovery and MHLS's specific statutory right of access. The court ruled that the statutes cited by the respondents did not prohibit disclosure to MHLS, granting MHLS access to the requested investigative reports and underlying documentation, with the stipulation that MHLS maintain their confidentiality.

Mental Hygiene LawAccess to RecordsCPLR Article 78Investigative FilesPatient RightsConfidentialityAbuse and MistreatmentState FacilitiesOMRDDSunmount DDSO
References
1
Case No. MISSING
Regular Panel Decision

Hale v. New York State Department of Mental Health

Curtis Hale, Jr. initiated an action under Title VII, alleging racial discrimination after his termination as a Mental Hygiene Therapy Aide at the Bronx Children’s Psychiatric Center. He claimed the Civil Service Employee Association failed to provide adequate representation and the New York State Department of Mental Health breached contractual obligations. The court, treating the State's motion to dismiss as one for summary judgment, found Hale's Title VII claims time-barred. His EEOC complaint was filed beyond the 180 or 300-day statutory limitations period, which commenced from the notice of termination (December 8, 1978), not the actual discharge date. Additionally, the court determined it lacked subject-matter jurisdiction over Hale’s state law breach of contract claim against the State, citing an absence of diversity and no federal question under the Labor Management Relations Act. Consequently, the court granted the State’s motion, dismissing the complaint against the New York State Department of Mental Health.

Racial DiscriminationTitle VIIEmployment TerminationStatute of LimitationsSummary JudgmentBreach of ContractSubject Matter JurisdictionPendent JurisdictionEleventh AmendmentCivil Service
References
10
Case No. MISSING
Regular Panel Decision
Apr 05, 2001

In re Trebor UU.

Respondent, the mother of two sons, Trebor (born in 1992) and Tahran (born in 1994), appealed an order from the Family Court of Clinton County which terminated her parental rights on the grounds of mental illness. The children had been in the care and custody of the petitioner since December 1998, following a prior finding of neglect. In October 2000, the petitioner filed a petition to terminate parental rights. The Family Court determined that respondent suffered from a mental illness, as defined by Social Services Law § 384-b (6) (a), rendering her unable to provide proper and adequate care for her children for the present and foreseeable future. Respondent challenged the expert testimony's methodology and the sufficiency of evidence regarding her future incapacity. The Appellate Division affirmed the Family Court's order, finding that the expert testimony was sufficiently based and that there was clear and convincing evidence that respondent's mental illness prevented her from caring for her children, despite conflicting expert opinions on future improvement.

Parental Rights TerminationMental Illness (Parent)Family Court ActSocial Services LawExpert TestimonyClinical PsychologyPersonality DisorderAppellate DecisionChild WelfareForeseeability
References
8
Case No. MISSING
Regular Panel Decision

Savastano v. Sundram

Petitioner, Mental Health Legal Services, sought an order to restrain the Commission on Quality Care for the Mentally Disabled from operating surrogate decision-making panels with less than four members, as statutorily required by Mental Hygiene Law article 80. The Commission, responsible for a two-year experimental SDMC program aimed at expediting medical treatment decisions for mentally ill patients, had operated some panels with only three members, invoking the General Construction Law's quorum rule. Justice Sondra Miller found a clear legislative intent for four distinct panel members, rejecting the quorum rule's applicability to these adjudicative functions. The court granted the petition, enjoining the Commission from operating under-staffed panels and suggested legislative modification to address practical difficulties.

Mental Health LawSurrogate Decision-MakingPanel CompositionStatutory InterpretationQuorum RuleInjunctive ReliefMental Hygiene Law Article 80Administrative LawJudicial ReviewLegislative Intent
References
1
Case No. ADJ2046824
Regular
Jun 24, 2013

OSCAR CARTER vs. COUNTY OF FRESNO

The Appeals Board granted reconsideration to further develop the record regarding the applicant's 100% permanent total disability finding. While the heart trouble presumption for correctional officers was correctly applied, the medical evidence did not sufficiently establish "incurable mental incapacity" as required by Labor Code section 4662(d) for a conclusive presumption of total disability. The Board rescinded the original award and returned the case to the trial level for supplemental medical reporting on the applicant's mental capacity and consideration of formal rating instructions to ensure substantial justice.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLabor Code section 4850Permanent Total DisabilitySubstantial Medical EvidenceLabor Code section 3212.2Heart Trouble PresumptionCorrectional OfficersRebuttal of Presumption
References
8
Case No. MISSING
Regular Panel Decision

New York City Human Resources Administration v. Carey

This case concerns a CPLR article 78 petition in the nature of a writ of prohibition. The petitioner, the City Human Resources Administration (HRA), sought to vacate a Supreme Court order regarding defendant Delgado, who was charged with arson. Delgado was found by two psychiatrists to be an incapacitated person unable to stand trial due to a severe hearing defect. The lower court, misinterpreting CPL article 730, ruled that Delgado's physical incapacity did not fall under the statute and ordered his placement with HRA and the Department of Social Services. The appellate court granted the writ of prohibition, vacating the lower court's order for exceeding its jurisdiction. The court declared Delgado incompetent to stand trial *nunc pro tunc* and committed him to the custody of the New York State Commissioner of Mental Health, clarifying that CPL 730.10 broadly applies to any mental defect causing incapacity, regardless of its source. The decision emphasized that the statute does not distinguish between different sources of disability once a finding of incapacity is made.

Incompetency to Stand TrialWrit of ProhibitionMental IncapacityCriminal Procedure LawJurisdiction DisputeArson Third DegreeDue ProcessCommitment OrderAppellate ReviewPhysical Impairment
References
1
Case No. 2015 NY Slip Op 02068 [126 AD3d 537]
Regular Panel Decision
Mar 17, 2015

Matter of State of New York Off. of Mental Health v. Dennis J.

The Appellate Division, First Department, affirmed an order committing Dennis J. to a secure treatment facility after findings of mental abnormality and dangerousness as a sex offender. The court upheld the Supreme Court's decision to permit an expert to testify about an email from a social worker treating Dennis J., rejecting arguments regarding HIPAA and due process as unpreserved or without merit. It found the expert testimony reliable and its probative value outweighed potential prejudice, with the jury properly instructed. The decision underscores the court's discretion in admitting expert testimony in civil commitment proceedings.

Mental Health LawSex OffenderCivil CommitmentExpert TestimonyHIPAADue ProcessAppellate ReviewMental AbnormalityDangerous Sex OffenderEvidentiary Rules
References
7
Case No. 136 F.Supp.3d 385
Regular Panel Decision
Jan 01, 2016

Kelly v. New York State Office of Mental Health

Plaintiff Sharon Kelly, a registered nurse, initiated this action against her former employers, the New York State Office of Mental Health and the Brooklyn Children’s Center, alleging disability discrimination and retaliation under the Rehabilitation Act of 1973. Kelly claimed she was discriminated against due to her anxiety, depression, and hypertension, citing instances like an alleged assault, failure to investigate, a hostile work environment, and constructive discharge. Defendants moved to dismiss the Second Amended Complaint for failure to state a claim. The court, presided over by Judge Matsumoto, determined that Kelly failed to plausibly allege she had a disability within the meaning of the Act or that she experienced adverse employment actions or a hostile work environment. Consequently, the defendants' motion to dismiss was granted, and all of Kelly's claims were dismissed with prejudice.

Disability DiscriminationRehabilitation ActEmployment RetaliationHostile Work EnvironmentConstructive DischargeMotion to DismissFederal Court DecisionMental Health ImpairmentPhysical ImpairmentPro Se Litigation
References
100
Case No. 2016 NY Slip Op 06063 [142 AD3d 1050]
Regular Panel Decision
Sep 21, 2016

Kaplan v. New York City Dept. of Health & Mental Hygiene

Constance Kaplan sued the New York City Department of Health and Mental Hygiene alleging sexual harassment and retaliatory discharge under the New York State Human Rights Law and the New York City Human Rights Law. The Supreme Court, Kings County, dismissed several of Kaplan's causes of action. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order. The appellate court held that Kaplan had sufficiently stated causes of action for sexual harassment and retaliatory discharge, and that the defendants' motion to dismiss should have been denied. The court clarified that the burden to show petty slight or trivial inconvenience rests with the defendants as an affirmative defense, and pre-answer dismissal motions only address the adequacy of pleading.

Sexual harassmentRetaliatory dischargeHuman Rights LawExecutive LawAdministrative CodeMotion to dismissCPLR 3211 (a) (7)CPLR 3211 (a) (8)Appellate reviewPleading adequacy
References
12
Case No. 2025 NY Slip Op 03910 [239 AD3d 1454]
Regular Panel Decision
Jun 27, 2025

Matter of Davis (State of New York Off. of Mental Health)

Kristin Davis, a dental hygienist, was terminated by the State of New York Office of Mental Health for non-compliance with a COVID-19 vaccine mandate after her request for a reasonable accommodation was denied. An arbitrator upheld her termination, citing limited jurisdiction over accommodation denials. The Supreme Court, Erie County, subsequently vacated the arbitration award, deeming it against public policy and irrational, and ordered Davis's reinstatement. On appeal, the Appellate Division, Fourth Department, reversed the Supreme Court's order, affirming the arbitrator's decision. The Appellate Division clarified the limited scope of judicial review for arbitration awards, stating the lower court erred in vacating the award based on public policy or irrationality, and ultimately confirmed the arbitration award.

Arbitration AwardPublic PolicyCOVID-19 Vaccine MandateTermination of EmploymentReasonable AccommodationCPLR Article 75Judicial Review of ArbitrationCollective Bargaining AgreementMisconductAppellate Review
References
9
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