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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

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

Seale v. Madison Cnty

Plaintiffs Kelly Seale and David Seale filed an employment discrimination action against Madison County and five individual defendants, alleging violations under Title VII, NYHRL, and 42 U.S.C. §§ 1983, 1985. Defendants moved for judgment on the pleadings and to dismiss for lack of subject matter jurisdiction. The Court dismissed David Seale's Title VII claims for lack of subject matter jurisdiction and granted dismissal for most other claims not specifically outlined. However, Kelly Seale's hostile work environment claims (under Title VII, NYHRL against the County, and § 1983 against Episcopo), her retaliation claims (under Title VII against the County, and NYHRL against County, Riley, Episcopo, Aylward), and her First Amendment retaliation claims (against County, Riley, Episcopo, Aylward) survived. David Seale's First Amendment retaliation claim also survived against County, Riley, Bailey, Episcopo, and Aylward. Defendant Cary was terminated as a party.

Employment DiscriminationHostile Work EnvironmentRetaliation ClaimsSexual HarassmentTitle VIINew York Human Rights Law42 U.S.C. § 1983First AmendmentEqual ProtectionJudgment on Pleadings
References
109
Case No. 2016 NY Slip Op 06204
Regular Panel Decision
Sep 28, 2016

Seales v. Trident Structural Corp.

The Appellate Division, Second Department, reviewed appeals and cross-appeals from two Supreme Court orders regarding summary judgment motions in a personal injury action. Plaintiff, Seonn Seales, was injured by falling sheetrock while installing a sprinkler system. The court affirmed the denial of plaintiff's Labor Law § 240(1) motion, finding the sheetrock was not being hoisted or secured. It modified the Supreme Court orders, granting summary judgment to the owners on Labor Law §§ 240(1) and 200, and common-law negligence claims, but denied summary judgment to the contractor, Trident Structural Corp., on Labor Law §§ 241(6), 200, and common-law negligence, citing triable issues of fact regarding its agency status and creation of the dangerous condition. The court also found unresolved issues of fact concerning contractual and common-law indemnification claims between the owners and Trident.

Personal InjuryConstruction AccidentFalling ObjectSummary JudgmentLabor Law § 240(1)Labor Law § 241(6)Labor Law § 200Common-Law NegligenceIndemnificationAppellate Review
References
25
Case No. 2020 NY Slip Op 00195 [179 AD3d 1262]
Regular Panel Decision
Jan 09, 2020

Matter of Seales v. Eastern Concrete Cutting Corp.

Kevan Seales filed a workers' compensation claim for an occupational disease. The claim was established, and a lump-sum award of $189,790.16 was stipulated. Claimant's counsel, Geoffrey Schotter, applied for a fee of $28,500, which was reduced to $20,000 by the Workers' Compensation Board. Schotter appealed this reduction. The Appellate Division affirmed the Board's decision, holding that the Board has broad discretion in approving counsel fees and did not abuse its discretion by reducing the fee, as it considered all appropriate factors.

Workers' CompensationCounsel FeesOccupational DiseaseSchedule Loss of UseLump-Sum AwardBoard DiscretionAppellate ReviewAttorney FeesRepetitive Strain InjuryJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. MISSING
Regular Panel Decision
May 23, 2011

Seals v. Potter

Keisha Seals, a former USPS employee, sued Postmaster General John E. Potter and other USPS managers for hostile work environment, race discrimination, and retaliation under Title VII and 42 U.S.C. § 1981a, along with state law claims. Seals alleged racial discrimination and a hostile environment, including closer scrutiny, denial of vacation, and racist comments, leading to her termination. Defendants moved for dismissal or summary judgment. The court granted summary judgment for the defendants on all non-Title VII claims and dismissed all defendants except Potter. The court denied summary judgment for the Title VII claims against Potter, ruling that Seals had sufficiently exhausted administrative remedies, despite a six-month delay in returning an EEO counseling packet, as the underlying purpose of the exhaustion requirement was served.

Employment DiscriminationTitle VIIRace DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentAdministrative ExhaustionFederal EmploymentUSPSEEO Process
References
17
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
Case No. MISSING
Regular Panel Decision

In re New York Methodist Hospital

New York Methodist Hospital filed an order to show cause on June 1, 2009, seeking a judgment under Public Health Law § 2801-c to compel respondent E.H. to discharge himself from the hospital and accept placement in a skilled nursing facility. The hospital also sought to seal court records. Respondent, E.H., opposed the discharge. A bedside hearing was conducted on June 2, 2009, where testimony from medical staff and family members was heard. The court found that E.H., a 32-year-old bedridden male with complex medical needs, no longer required acute hospital care and was competent to make decisions, but unreasonably refused discharge plans. Despite the hospital's diligent search, the only facility willing and able to meet his needs was Daughters of Jacob Nursing Home (DOJ), which E.H. refused. The court granted the hospital's application for an injunction to compel E.H.'s discharge and to accept appropriate placement, and also granted the request to seal the court records to protect his medical privacy.

Patient DischargeInjunctionPublic Health LawMedical CapacityNursing Home PlacementHospital Discharge PlanningPatient RightsSealing Court RecordsMedicare/Medicaid ServicesSkilled Nursing Facility
References
6
Case No. MISSING
Regular Panel Decision

In re Nan FF.

This case concerns an appeal from an order of the Family Court of Otsego County which dismissed an adult adoptee's application to unseal her adoption records. The petitioner sought access to the records based on medical need, as per Domestic Relations Law § 114 (4). However, her application was denied because she failed to provide a certification from a licensed New York physician. Additionally, the submitted letters from an out-of-state social worker and physician did not sufficiently indicate that access to the records was "required" to address a serious illness, nor did they identify the specific information needed, thus failing to establish prima facie good cause under the statute. The appellate court affirmed the Family Court's dismissal of the application.

Adoption LawRecord SealingMedical GroundsGood Cause RequirementStatutory ComplianceFamily Court ProcedureAppellate ReviewPhysician CertificationOut-of-State CertificationDocumentary Evidence
References
5
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