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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

People v. Lovelace

Justice McGinity concurs in part and dissents in part in a case involving a defendant who killed his stepfather with a hammer, asserting a justification defense. The defense presented testimony regarding the deceased's history of abuse and the potential for battered child post-traumatic stress disorder in children subjected to abuse, though it was not explicitly stated that the defendant suffered from the syndrome. McGinity agrees that the court's justification charge was proper and that crime scene and autopsy photographs were correctly admitted. However, McGinity believes the trial court erred in excluding social work records and limiting redirect examination, but ultimately concludes these errors were harmless, thus voting to affirm the judgment.

Justification DefenseHomicideHammer AttackBattered Child Post-Traumatic Stress DisorderAdmissibility of EvidenceCrime Scene PhotographsAutopsy PhotographsSocial Work RecordsRedirect ExaminationHarmless Error
References
3
Case No. MISSING
Regular Panel Decision

People v. Shenker

The defendants, Shenker and Djavadi, were charged with criminal trespass and obstructing governmental administration after attempting to prevent the City of New York from bulldozing Esperanza Garden on February 15, 2000. They sought to present a justification defense, arguing their actions were necessary to prevent a greater harm – the destruction of the garden. The People moved to preclude this defense. Justice Robert M. Stole, presiding over the case, granted the People's motion. The court found that the justification defense under Penal Law § 35.05 (2) was not applicable, as the defendants failed to demonstrate an imminent public injury comparable to threats to life or community safety, and did not pursue reasonable legal alternatives during the available time.

Justification DefenseCriminal TrespassObstructing Governmental AdministrationCommunity GardensEnvironmental ProtestPenal Law 35.05Choice of EvilsEmergency MeasureImminent Public InjuryLegal Alternatives
References
8
Case No. 2016-1781 D CR
Regular Panel Decision
May 03, 2018

People v. McGahan (Brendon)

Brendon McGahan was convicted of assault in the third degree against his wife after a jury trial in the City Court of Poughkeepsie. The victim testified about being punched and thrown, resulting in an artificial tear duct dislodging and visible bruising. McGahan appealed, challenging the sufficiency of evidence for physical injury, the denial of a justification charge, prosecutorial conduct during cross-examination, and the amount of restitution. The Appellate Term affirmed the conviction, finding sufficient evidence of physical injury and upholding the denial of the justification defense. However, the court modified the restitution amount, reducing it from $7,283.65 to $7,159.81, after deducting pre-incident and Family Court-ordered counseling expenses.

Assault in the third degreePhysical injurySubstantial painRestitutionAppellate reviewJustification defenseEvidence sufficiencyCross-examinationDomestic violenceCriminal law
References
18
Case No. MISSING
Regular Panel Decision

Seelig v. Koehler

This is a dissenting opinion regarding the random drug testing of correction officers. Justice Milonas argues that the majority decision to allow such testing without reasonable suspicion oversteps the boundaries set by the Court of Appeals and the United States Supreme Court. The dissent emphasizes that New York State law requires more stringent conditions for random searches, particularly concerning privacy interests and government justification. Milonas distinguishes correction officers from other law enforcement personnel, highlighting their reduced exposure to drugs within a controlled environment, which lessens the justification for random testing. The opinion concludes that there is no legal precedent in New York for the proposed blanket random drug-screening program for all correction officers.

Drug TestingUrinalysisFourth AmendmentPrivacy RightsPublic EmployeesCorrectional OfficersPolice PowersConstitutional ScrutinyReasonable SuspicionNew York Court of Appeals Precedent
References
16
Case No. MISSING
Regular Panel Decision
Jul 18, 2006

In re Timothy HH.

A 14-year-old respondent was adjudicated a juvenile delinquent by the Family Court of St. Lawrence County for criminal mischief in the fourth degree. The petitioner alleged the respondent damaged a car belonging to a St. Lawrence County Youth Advocacy Program worker who had impounded his puppies due to truancy. Respondent asserted a justification defense, believing the worker was stealing his pets. The Family Court rejected this defense and placed the respondent in the custody of the St. Lawrence County Commissioner of Social Services for one year. The appellate court affirmed the Family Court's decision, finding sufficient evidence to support the charge and disprove the justification defense, clarifying that Penal Law § 35.25 pertains to force against persons, not property.

Juvenile DelinquencyCriminal MischiefTruancyJustification DefenseFamily Court AppealProperty DamageAppellate ReviewPenal LawFamily Court ActSt. Lawrence County
References
9
Case No. MISSING
Regular Panel Decision

People v. Bess

The case involves an appeal from a judgment convicting the defendant of third-degree burglary. The defendant was found in the New York State Building Annex cafeteria in Binghamton after a security guard heard breaking glass. He was apprehended after smashing a window and attempting to flee, with a 'cold chisel' found nearby. The defendant claimed he entered the building to avoid muggers, but police testimony contradicted this explanation. On appeal, the defendant argued that the trial court erred by not instructing the jury that justification was a defense to the burglary charge and by failing to advise on the elements of larceny. The court affirmed the judgment, holding that justification is not a defense to burglary and that the prosecution was not required to establish the specific underlying crime or that it had in fact been committed. The court also found no error in providing the jury with written instructions.

BurglaryThird DegreeCriminal TrespassJustification DefenseJury InstructionsIntent to Commit CrimeLarcenyCriminal Procedure LawAppellate ReviewEvidence Sufficiency
References
5
Case No. MISSING
Regular Panel Decision

New York State Chapter, Inc. v. New York State Thruway Authority

The court addressed whether public authorities in New York can lawfully adopt Project Labor Agreements (PLAs) for construction projects under competitive bidding laws. It ruled that PLAs are neither absolutely prohibited nor permitted, and their validity depends on whether they are justified by the interests underlying competitive bidding statutes, specifically promoting public interest through cost savings and preventing favoritism. The New York State Thruway Authority's PLA for the Tappan Zee Bridge project was upheld, as it demonstrated justification through estimated cost savings, project complexity, and labor history. In contrast, the Dormitory Authority of the State of New York's (DASNY) PLA for the Roswell Park Cancer Institute modernization was invalidated due to a lack of contemporaneous evidence demonstrating cost savings or unique project needs, and its reliance on post-hoc justifications unrelated to competitive bidding goals.

Project Labor AgreementsCompetitive BiddingPublic ContractsConstruction LawLabor LawNew York LawThruway AuthorityDormitory AuthorityPublic Benefit CorporationsProcurement Statutes
References
20
Case No. MISSING
Regular Panel Decision

Arbitration Between Carina International Shipping Corp. & Adam Maritime Corp.

Carina International Shipping Corporation sought to confirm an arbitration award against Adam Maritime Corporation concerning demurrage claims related to a charter party contract for the vessel MT SOBRAL. Adam cross-moved to vacate the award, arguing that Carina's last-minute amendment to its demurrage claim violated contract clauses and that there was arbitrator misconduct and partiality. The court, presided over by Judge SOTOMAYOR, reviewed the arbitral award with a narrow standard, confirming it if there was "colorable justification." The court found the arbitrators had "colorable justification" for allowing the amended claim under the Charter Party and SMA Rules, and that Adam waived its right to argue procedural unfairness by not requesting a reopening of hearings for discovery. Allegations of arbitrator misconduct and partiality were dismissed as speculative or waived due to full disclosure. Consequently, the court denied Adam's motion to vacate and granted Carina's motion to confirm the arbitration award, also awarding Carina court costs and reasonable attorneys' fees as per the Charter Party.

Arbitration AwardDemurrage ClaimCharter Party DisputeMaritime Arbitration RulesFederal Arbitration ActArbitrator DiscretionContractual WaiversJudicial Review StandardEvident PartialityArbitrator Misconduct
References
35
Case No. MISSING
Regular Panel Decision

Meyers v. Huschle Bros.

The court affirmed Special Term's decision to strike certain paragraphs from the defendant's answer due to redundancy and failure to comply with Civil Practice Act § 241, which requires plain and concise statements of material facts in pleadings, even in libel actions. Specifically, the court found the material insufficient as a defense of justification if it purported to apply general statements about labor unions to the plaintiff union. The decision further clarified the requirements for pleading justification, stating that particular facts and circumstances constituting the truth must be set forth in detail, rather than merely reiterating libelous words. Additionally, for pleading mitigation, the court mandated that specific mitigating circumstances, including sources of information and grounds for belief, be stated to demonstrate an absence of actual malice, pursuant to Civil Practice Act § 338. Finally, the court addressed the burden of proof for establishing actual malice in cases involving qualified privilege, noting that it generally rests with the plaintiff once a relationship giving rise to qualified privilege is established.

LibelPleading standardsJustification defenseMitigation defenseActual maliceQualified privilegeCivil Practice ActRedundancy in pleadingsMaterial factsBurden of proof
References
6
Case No. LAO 781390
Regular
Apr 21, 2008

CARLOS PORCAYO vs. AMERICAN WORK FORCE, INC., ATLANTIC MUTUAL INSURANCE COMPANY, RISK ENTERPRISES MANAGEMENT

The Appeals Board granted reconsideration to further develop the medical record regarding apportionment of the applicant's permanent disability. The prior decision relied on an apportionment opinion that lacked sufficient discussion and justification. The case is returned to the trial level for a new decision after the medical record is clarified.

Workers' Compensation Appeals BoardCarlos PorcayoAmerican Work ForceInc.Atlantic Mutual Insurance CompanyRisk Enterprises Managementpermanent disabilityapportionmentprior injuriesmedical reporting
References
5
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