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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

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision
Feb 21, 1986

Claim of Seidel v. Crown Industries

This case involves an appeal from a Workers’ Compensation Board decision denying death benefits to a claimant, who the Board ruled was not the legal widow of the decedent, Harold Seidel. The employer and carrier challenged the claimant's right to compensation, asserting that decedent's prior marriage to Marion Strope was never legally terminated. Both claimant and Strope presented marriage certificates. The court noted the strong legal presumption favoring the validity of the second marriage, especially when the challenger is a stranger to the marital relation. The respondents bore the burden of disproving the second marriage by clear and convincing evidence. The court found that the Board's decision failed to set forth the proper legal standard and appeared to give undue weight to the claimant's knowledge of the prior marriage, which is irrelevant to her legal widow status. Due to the serious question regarding the application of the correct legal standard and the close factual question, the decision was annulled and remitted for clarification and further proceedings consistent with the proper legal standard.

Death BenefitsWorkers' CompensationMarital StatusLegal WidowPresumption of ValiditySecond MarriageBurden of ProofAdministrative LawRemittalJudicial Review
References
8
Case No. MISSING
Regular Panel Decision

Thompson v. Seligman

Plaintiff, an injured worker, sued her attorneys, Raymond J. Seligman and his law firm, for legal malpractice. The attorneys allegedly provided negligent advice by mistakenly informing her that she could not pursue a third-party claim for pain and suffering against the Gideon Putnam Hotel, believing she was employed by the hotel. By the time she consulted a different attorney, the statute of limitations for such a claim had expired. Defendants moved for summary judgment, arguing they had no duty to investigate her employment representation. The Supreme Court denied the motion, finding questions of fact regarding the defendants' duty to investigate and their negligence. The Appellate Division affirmed the Supreme Court's decision, concluding that the attorneys owed a duty to investigate and that there was a question of fact as to whether they exercised appropriate care in performing that duty, thus precluding summary judgment for the defendants.

Legal MalpracticeWorkers' CompensationStatute of LimitationsSummary JudgmentDuty to InvestigateNegligenceThird-Party ClaimAppellate ReviewAttorney ResponsibilityEmployment Status
References
9
Case No. MISSING
Regular Panel Decision

Fireman's Fund Insurance v. Farrell

This case involves an appeal and cross-appeal in a legal malpractice action. Defendant James P. Farrell, Jr., a lawyer, represented Six G’s Contracting Corp. in a personal injury action. Farrell failed to timely notify the State Insurance Fund (SIF) of a third-party action against Six G’s, leading SIF to disclaim coverage. Six G’s assigned its malpractice claim to Joseph Gazza and Fireman’s Fund Insurance Company, the plaintiffs. The Supreme Court denied Farrell’s motion to dismiss the complaint for failure to state a cause of action and denied the plaintiffs’ cross-motion for summary judgment. The appellate court affirmed the Supreme Court’s order, concluding that the complaint sufficiently stated elements of legal malpractice and that the issue of SIF's waiver of disclaimer was a question of fact, not determinable as a matter of law.

Legal MalpracticeProfessional NegligenceInsurance DisclaimerSummary JudgmentMotion to DismissAssignment of ClaimWorkers' CompensationIndemnificationAppellate ReviewCausation
References
7
Case No. MISSING
Regular Panel Decision

Weiss v. Legal Aid Society

Plaintiff, an attorney formerly employed by The Legal Aid Society, initiated this action seeking wage step increases. The case was initially removed to federal court under Section 301 of the National Labor Relations Act, based on an alleged breach of a collective bargaining agreement. However, through subsequent proceedings and clarifications by plaintiff's counsel, it became evident that the claim was predicated solely on an alleged independent oral promise made by the Society to individual attorneys, rather than a contract between an employer and a labor organization. The court concluded that Section 301 jurisdiction only applies to violations of agreements between an employer and a labor organization, and thus, it lacked subject matter jurisdiction over the individual oral contract claim. Consequently, the action was dismissed.

Labour LawSubject Matter JurisdictionCollective Bargaining AgreementOral ContractWage DisputesDistrict CourtEmployment LawNational Labor Relations ActFederal Rules of Civil ProcedureMotion to Dismiss
References
3
Case No. MISSING
Regular Panel Decision
Jan 09, 1987

Kalaw v. Ferro

The petitioner, a foreign medical graduate from the Philippines, sought a preliminary injunction to prevent her deportation until she could apply for legalization or have administrative review of her interim application under the recently enacted Immigration Reform and Control Act of 1986. Her interim application for legalization was denied by the Buffalo INS. The court addressed the applicability of administrative appellate review to interim applications, finding it could not be determined at that time that such review was inapplicable. The court also assessed the petitioner's prima facie case for legalization, specifically whether her 'unlawful status' was 'known to the Government' before January 1, 1982. The court found serious questions regarding whether the Detroit INS knew of her unlawful status based on her employment duties as a staff psychiatrist, which appeared to involve more than incidental patient care, potentially violating H-1 visa limitations. Concluding that the petitioner demonstrated serious questions going to the merits, the prospect of irreparable harm from deportation, and a balance of hardships tipping in her favor, the court granted the preliminary injunction, enjoining her deportation until the administrative appellate authority determines its jurisdiction to review interim application denials and issues its decision.

DeportationPreliminary InjunctionImmigration Reform and Control Act of 1986Legalization ApplicationUnlawful StatusH-1 VisaJ-1 VisaAdministrative ReviewJudicial ReviewPrima Facie Case
References
1
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. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. 2022 NY Slip Op 00228 [201 AD3d 1164]
Regular Panel Decision
Jan 13, 2022

Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor)

This case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from decisions by the Unemployment Insurance Appeal Board. The Board determined that Fausto Debora, a linguist, was an employee of LIS and that LIS was liable for unemployment insurance contributions. The Appellate Division, Third Department, affirmed the Board's finding, concluding that substantial evidence supported the existence of an employment relationship. The court noted that LIS exercised sufficient control over its linguists by screening qualifications, negotiating pay, and assigning jobs, despite some flexibility offered to the linguists. The decision also dismissed LIS's argument regarding Department of Labor guidelines, stating no inconsistency was found with established common-law tests for employment.

Unemployment InsuranceEmployment RelationshipIndependent ContractorAppellate ReviewSubstantial EvidenceLinguist ServicesControl TestDepartment of Labor GuidelinesEmployer LiabilityStatutory Interpretation
References
10
Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
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