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Case Law Database

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

Case No. MISSING
Regular Panel Decision

People ex rel. Johnson v. New York State Board of Parole

The petitioner, previously on parole after convictions for sodomy, rape, and robbery, faced parole revocation following allegations of new crimes and numerous parole violations. A hearing officer sustained 19 of 22 violations, leading to parole revocation. The petitioner's administrative appeal was superseded by an unannounced "Full Board Case Review" (FBCR) by the Board of Parole, which affirmed the revocation without providing the petitioner notice or an opportunity to be heard, effectively undermining his appeal rights. The Supreme Court dismissed the petitioner's subsequent habeas corpus application. The appellate court reversed, ruling that the FBCR procedure was an unauthorized violation of the petitioner's due process rights and statutory right to appeal, causing irreparable harm. The court also noted significant weaknesses in the identification evidence against the petitioner and strong alibi evidence, suggesting a high probability of reversal on the merits. Consequently, the court granted the petition, discharging the petitioner from custody and restoring him to parole status.

Parole revocationDue process violationHabeas corpus reliefEyewitness identificationAlibi defenseDNA evidencePolygraph evidenceAdministrative appealUnauthorized agency reviewPreponderance of evidence
References
15
Case No. 2018 NY Slip Op 00504 [157 AD3d 1176]
Regular Panel Decision
Jan 25, 2018

Matter of Gainey v. Stanford

Petitioner, Curtis L. Gainey, initiated a CPLR article 78 proceeding to challenge the Board of Parole's determination revoking his parole and imposing a 24-month hold. Gainey, convicted of incest in 2001, was paroled in 2014 and subsequently charged with violating parole conditions for failing to participate in and pay for required sex offender treatment. An Administrative Law Judge and the Board of Parole sustained these charges. The Appellate Division, Third Department, confirmed the determination, finding substantial evidence that Gainey failed to comply with his parole conditions despite having the financial means and opportunities to do so. The court dismissed the petition, also noting that Gainey's challenge to the length of his time assessment became moot upon his re-release to parole supervision.

Parole revocationSex offender treatmentCPLR article 78Substantial evidenceParole violationAdministrative lawMootnessCredibility determinationAppellate reviewIncest conviction
References
12
Case No. 2016 NY Slip Op 07198 [144 AD3d 691]
Regular Panel Decision
Nov 02, 2016

Matter of Sellers v. Stanford

Khaliyq Sellers, convicted of first-degree assault, had his parole revoked by the New York State Board of Parole after violating release conditions at a drug treatment center and during detention at Rikers Island. The violations included making verbal threats to "blow up the place" and threatening to kill everyone at Rikers Island, among other non-compliant behaviors. Sellers initiated a CPLR article 78 proceeding, challenging the revocation on grounds of untimeliness and due process violations, which was transferred to the Appellate Division. The Appellate Division, Second Department, denied the petition and dismissed the proceeding on the merits, concluding that the Board's determination was supported by substantial evidence. The court specifically found that verbal threats constituted prohibited behavior under parole rule 8, without requiring physical conduct, and that the final parole revocation hearing was timely held.

Parole RevocationCPLR Article 78 ProceedingSubstantial Evidence ReviewDue Process RightsParole ViolationsVerbal ThreatsTimeliness of HearingAppellate DivisionAssault ConvictionCorrectional Facility Incident
References
21
Case No. ADJ7682048 MF ADJ7682067
Regular
Oct 03, 2014

EDGAR DIAZ vs. STATE OF CALIFORNIA, CORRECTIONS & REHABILITATION PAROLE

This case concerns an applicant who claimed industrial injuries as a parole officer. The Workers' Compensation Appeals Board rescinded a prior award of total permanent disability and remanded the case for further proceedings. The Board found that the vocational expert's opinion supporting total disability lacked substantial evidence due to an incomplete employment history and contradictions with other evidence. Furthermore, the Board determined that existing medical opinions from Agreed Medical Examiners provided a basis for apportionment of permanent disability to non-industrial factors, which the trial judge had improperly disregarded.

ApportionmentPermanent DisabilitySubstantial EvidenceVocational ExpertMedical EvidenceContinuous TraumaSpecific InjuryBody PartsPreexisting FactorsNonindustrial Factors
References
8
Case No. MISSING
Regular Panel Decision

Clemente v. New York State Division of Parole

Plaintiff Clemente, a Hispanic female parole officer and union leader, sued the New York State Division of Parole for employment discrimination under Title VII. She alleged race and gender discrimination, retaliation for a prior lawsuit, and a hostile work environment, citing incidents like a special assignment, a derogatory letter targeting union leaders, a unit transfer, and demeaning comments from a human resources director. The defendant moved for summary judgment, arguing a lack of evidence for discriminatory motive. The court granted summary judgment in favor of the defendant, finding that Clemente failed to demonstrate that the Division's actions were motivated by her race, gender, or previous protected activity, instead concluding that the actions stemmed from her position as a union leader, which is not a protected characteristic under Title VII.

Employment DiscriminationTitle VIISummary JudgmentRace DiscriminationGender DiscriminationRetaliationHostile Work EnvironmentUnion LeadershipPrima Facie CaseCausation
References
41
Case No. MISSING
Regular Panel Decision
Sep 28, 1979

Local 50, Bakery, Confectionery & Tobacco Workers Union, AFL-CIO v. American Bakeries Co.

The Supreme Court, New York County's judgment to vacate an arbitration award was unanimously reversed. The appellate court ruled that the arbitrator's decision, which found a "transfer of operations" rather than a "plant closing" for severance pay under a collective bargaining agreement, was not irrational. The court affirmed the arbitrator's role in contract interpretation and the admission of parol evidence, stating arbitrators are not bound by substantive law or rules of evidence, nor does the parol evidence rule apply to subsequent agreements or modifications.

ArbitrationCollective Bargaining AgreementSeverance PayContract InterpretationParol Evidence RuleArbitrator AuthorityAppellate ReviewJudgment ReversalPetition DismissalAward Confirmation
References
3
Case No. MISSING
Regular Panel Decision

Lopez v. Evans

The case involves a petitioner, previously convicted of murder and paroled, who was later found mentally incompetent to stand trial for misdemeanor assault charges incurred while residing in an OMH psychiatric facility. Following the dismissal of criminal charges due to incompetency, the Division of Parole initiated revocation proceedings based on the same conduct. An Administrative Law Judge (ALJ) sustained the parole violation and recommended re-incarceration. The Supreme Court denied the petitioner's subsequent CPLR Article 78 petition, affirming the revocation. This higher court, in a concurring opinion, reverses the Supreme Court's order, grants the petition, annuls the respondent's determination, and reinstates the petitioner to parole. The core holding is that a prior finding of mental incompetency to stand trial for misdemeanor charges precludes a parole revocation hearing based on the same conduct, emphasizing due process rights and the inability of an incompetent parolee to assist in their own defense. The opinion also highlights legislative deficiencies regarding the Parole Board's authority to determine mental competency.

Competency to stand trialParole revocationDue processMental incompetencyCPLR Article 78 proceedingOffice of Mental Health (OMH)Criminal charges dismissalAdministrative appealStatutory interpretationJudicial remedies
References
39
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
4
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
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