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

Case No. 01-CV-0229(ADS)(ARL)
Regular Panel Decision
Mar 31, 2004

Wood v. INCORPORATED VILLAGE OF PATCHOGUE OF NY

The plaintiff, Donald R. Wood, Jr., filed a class action lawsuit against the Incorporated Village of Patchogue and various officials, alleging a scheme to illegally enforce traffic laws and collect fines through an unauthorized 'constabulary.' The complaint included claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 U.S.C. § 1983, along with a state law claim for money had and received. Defendants moved to dismiss the amended complaint. The court granted dismissal for claims against the Village, officials in their official capacities, and several individual defendants (Justices Yannacone and O'Connell, and several Village Clerks). However, the court denied dismissal for RICO and money had and received claims against Mayors Stephen Keegan and Edward Ihne, and Chief Constables Jeffrey Kracht and Louis Tomeo, in their individual capacities, and granted the plaintiff leave to file a second amended complaint.

RICOCivil RightsSection 1983Judicial ImmunityMunicipal LiabilityMail FraudWire FraudRacketeeringConstabularyTraffic Violations
References
103
Case No. MISSING
Regular Panel Decision

Brewer v. Village of Old Field

The plaintiffs, Aaron Brewer, Alex Stylianou, Rita Bowman, and William Walcott, filed a class-action lawsuit alleging that the Village of Old Field and its officials operated an illegal private police force, violating RICO and Section 1983. The defendants moved to dismiss the second amended complaint. The court dismissed claims against Justice La Vita due to judicial immunity, the Village of Old Field for municipal immunity, and other individual defendants in their official capacities or for insufficient involvement. However, the court denied dismissal for RICO Section 1962(c) and (d) claims, as well as state law claims for money had and received, against William H. Hall, Walter Rothschild, James Simons, and Cary Staller in their individual capacities. The plaintiffs were granted leave to file a third amended complaint.

RICO ActSection 1983Racketeering ActivityMail FraudWire FraudMotion to DismissJudicial ImmunityMunicipal LiabilityClass ActionPrivate Police Force
References
71
Case No. MISSING
Regular Panel Decision
Mar 15, 2012

RCN Telecom Services of New York, LP v. Frankel

This case involves petitioners challenging a ruling that their backup power equipment is assessable as real property and contesting tax assessments on that equipment. The petitioners argued that the equipment should not be considered real property under Real Property Tax Law § 102 (12) (f) because it falls under an exception for movable machinery or equipment. They also contended that the equipment should be exempt as telecommunications equipment and that assessments were void due to lack of timely notice. The court modified the lower court's decision, declaring that the backup power equipment is assessable as real property and that the assessments are not nullities for lack of notice.

real propertytax assessmentbackup power equipmentpower generating apparatusmovable machinerytelecommunications equipmentRPTLstatutory interpretationsummary judgmentNew York
References
1
Case No. 08-cv-3546 (ADS)(WDW)
Regular Panel Decision
Jul 19, 2011

Smith v. TOWN OF HEMPSTEAD DEPT. OF SANITATION

This civil rights case was brought by three African-American employees, Leo Smith, Jr., Benjamin Cannon, Jr., and John Christopher Smith, against the Town of Hempstead Department of Sanitation Sanitary District No. 2 and several individual defendants. Plaintiffs alleged a hostile work environment based on a noose incident and subsequent retaliation for filing EEOC complaints. The defendants moved for summary judgment. The Court denied summary judgment on the hostile work environment claims against the Sanitary District, Robert Noble, Michael McDermott, and Nicholas Dionisio, citing triable issues of fact regarding the severity of the environment and the adequacy of the employer's remedial actions. However, summary judgment was granted for defendant John Beyer and the Board of Commissioners on these claims. Retaliation claims by John Smith and Benjamin Cannon were dismissed, but Leo Smith's retaliation claim against Michael McDermott and the Sanitary District was allowed to proceed. All claims of conspiracy under 42 U.S.C. § 1985 were dismissed due to lack of evidence of agreement and the intracorporate conspiracy doctrine.

Hostile Work EnvironmentRacial DiscriminationRetaliationSummary JudgmentCivil RightsTitle VIISection 1981Section 1983New York State Human Rights LawIntracorporate Conspiracy Doctrine
References
43
Case No. MISSING
Regular Panel Decision

Held v. New York State Workers' Compensation Board

Petitioners, consisting of group self-insured trusts (GSITs), initiated a proceeding to challenge assessments levied by the New York State Workers’ Compensation Board under Workers’ Compensation Law § 50 (5) (former [f]). They argued that the statute was inapplicable to GSITs and that the Board failed to meet statutory prerequisites for the assessments. The Supreme Court annulled the assessments on the grounds that the Board failed to satisfy prerequisites, although it deemed the statute applicable to GSITs. Petitioners appealed the Supreme Court’s finding that the statute was applicable. The appellate court dismissed the appeals, determining that petitioners were not aggrieved by the judgment as they had received the relief sought—the annulment of the assessments. The court also clarified that collateral estoppel would not apply to the interpretation of the statute, which is a pure question of law, and that the discovery issue was academic.

Group Self-Insured TrustsWorkers' Compensation LawStatutory InterpretationAssessmentsAnnulmentAppeal DismissalAggrieved PartyCollateral EstoppelCPLR Article 78Declaratory Judgment
References
12
Case No. CV-06-5848
Regular Panel Decision
Oct 10, 2007

Berrios v. STATE UNIV. OF NEW YORK AT STONY BROOK

This civil rights action was brought by Miguel Berrios, Ann Berrios, and Kimberly Conlon against the State University of New York at Stony Brook and individual faculty members, alleging violations of their First Amendment and Due Process rights under 42 U.S.C. §§ 1983, 1985, and 1986. The claims stemmed from alleged retaliation following Dr. Berrios's discovery of scientific data falsification by a defendant and subsequent harassment. Defendants moved to dismiss all claims. The court granted in part and denied in part, dismissing Dr. Berrios's claims predating a prior settlement due to res judicata, Kimberly Conlon's freedom of association claim, and all Plaintiffs' Due Process claims. Other claims related to First Amendment rights were allowed to proceed, with further factual development needed on issues of qualified immunity and statute of limitations.

Civil RightsFirst AmendmentDue ProcessRetaliationFree SpeechFreedom of AssociationRes JudicataEleventh Amendment ImmunityMotion to DismissPublic Employment
References
45
Case No. MISSING
Regular Panel Decision
Jun 14, 2005

Claim of Horton v. Salt

Claimant appealed a Workers' Compensation Board decision that reduced penalties against the employer and its carrier for late benefit payments. The Workers' Compensation Law Judge initially assessed a penalty of 20% of the late payments plus six $300 assessments. The Board agreed on late payments but reduced the penalty to only one $300 assessment, interpreting Workers’ Compensation Law § 25 (1) (e) as allowing a single $300 assessment per "instance" of application. The Court found the Board's interpretation not irrational but noted its inconsistency with prior Board decisions on similar facts without providing an explanation. Consequently, the Court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationLate Payment PenaltiesStatutory InterpretationAdministrative LawAgency PrecedentArbitrary and CapriciousJudicial ReviewRemandWorkers' Compensation BoardEmployer Obligations
References
6
Case No. MISSING
Regular Panel Decision

Hicks v. IBM

Plaintiff Brenda Hicks, who is half Native American and half African American, brought an employment discrimination claim against her employer IBM and four individual employees (Marty Ricker, George Walker, J.J. Sinnott, and Dr. Katherine Frase). The claims were filed under 42 U.S.C. § 1981 and New York's Executive Law §§ 296 and 297, alleging racially discriminatory job assignments, lack of commensurate training, and a racially oppressive work environment. The individual defendants moved to dismiss the claims, arguing a lack of individual liability. The court denied the motion to dismiss the § 1981 claims against all individual defendants and the § 296 claims against Walker, Sinnott, and Frase, but granted Defendant Ricker's motion to dismiss the § 296(6) claim against him, reasoning that a primary actor cannot aid and abet his own actions.

Employment DiscriminationRacial DiscriminationHostile Work EnvironmentIndividual Liability42 U.S.C. § 1981New York Executive Law § 296Motion to DismissSupervisor LiabilityAiding and AbettingCivil Rights
References
31
Case No. MISSING
Regular Panel Decision

LIR Management Corp. v. United States

Plaintiffs, a group of restaurant operators (collectively, 'Taxpayers'), challenged the United States government's assessment of employer-only Federal Insurance Contribution Act (FICA) taxes on their employees' unreported tip income for the years 1989, 1990, 1992, and 1993. The Internal Revenue Service (IRS) used two aggregate methods to calculate the unreported tips, which the plaintiffs stipulated as reasonable in amount. The core legal questions before the court were whether the IRS possessed the authority to make aggregate FICA tax assessments without individually auditing employees and crediting their Social Security accounts, and whether certain assessments were time-barred. The court, deferring to the IRS's reasonable interpretation of ambiguous statutes, ruled that aggregate assessments are permissible and that the statute of limitations begins with the IRS's notice and demand to the employer. Consequently, the defendant's motion for summary judgment was granted, and the plaintiffs' motions were denied.

FICA Tax AssessmentEmployer Tax LiabilityUnreported Employee TipsIRS Aggregate Assessment AuthoritySummary Judgment MotionTax Refund LitigationStatutory AmbiguityChevron DeferenceSocial Security BenefitsDue Process Challenge
References
14
Case No. MISSING
Regular Panel Decision

Claim of Cedeno v. Pacoa

The Workers' Compensation Board assessed a $500 monetary penalty against claimant's counsel for an unsubstantiated request to change the hearing venue from Queens/Nassau to White Plains, Westchester County. The Workers’ Compensation Law Judge initially assessed $250. The appellate court affirmed the Board's decision, finding ample support for the assessment under Workers’ Compensation Law § 114-a (3) (ii). The court ruled that the Board had authority to increase the penalty and overlooked a procedural defect regarding who filed the appeal, treating it as filed by counsel.

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority
References
5
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