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

Case No. 98-CV-1117 (LEK/RWS)
Regular Panel Decision
Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

Plaintiffs, individuals with physical disabilities, sued the New York State Department of Environmental Conservation, Adirondack Park Agency, and the State of New York, alleging that their policies in managing the Adirondack Park unfairly limit their access to certain areas in violation of the Americans with Disabilities Act (ADA). They sought a preliminary injunction to allow them to use motorized vehicles on restricted trails. The Court found that the defendants' policy had a disparate impact on disabled persons and that allowing limited, necessary motorized access on roads already used by non-disabled personnel would not fundamentally alter the Park program. Therefore, the Court granted the plaintiffs' motion for a preliminary injunction, mandating access to specific roads for persons with certified mobility impairment disabilities.

Americans with Disabilities ActADAAdirondack ParkEnvironmental ConservationMotorized Vehicle AccessMobility ImpairmentPreliminary InjunctionDisparate ImpactPublic AccommodationsState Government Action
References
27
Case No. MISSING
Regular Panel Decision

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. MISSING
Regular Panel Decision

Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of State

Petitioners, identified as the owners and operators of Indian Point Energy Center, appealed a judgment that dismissed their challenge to a modification by respondents, the Secretary of State, Department of Environmental Conservation, and Department of State. The modification extended a statutorily protected environmental habitat in the Hudson River, now called 'Hudson Highlands,' impacting the area near Indian Point. Petitioners argued that the modification lacked a rational scientific basis, constituted formal rulemaking without proper procedure, and that the denial of their discovery requests was an abuse of discretion. The Appellate Division affirmed the Supreme Court's judgment, deferring to the agencies' interpretation of their regulations and finding the modification rational, not formal rulemaking, and the discovery denial justified.

Environmental ProtectionHabitat ModificationAgency DeferenceCPLR Article 78Declaratory JudgmentRegulatory InterpretationScientific EvidenceFormal RulemakingAdministrative ProcedureDiscovery Denial
References
24
Case No. MISSING
Regular Panel Decision

Methodist Hospital v. State Insurance Fund

This case concerns the constitutionality of a $190 million transfer from the State Insurance Fund (SIF) to New York State's general fund, as directed by chapter 55 of the Laws of 1982. Plaintiffs, employers insured by the SIF, challenged the transfer on multiple state and federal constitutional grounds, including impairment of contractual obligations, deprivation of property without due process, unlawful taking, and improper legislative intrusion. The defendants included the SIF, its officials, the State Comptroller, and the State. Special Term and the Appellate Division both ruled the transfer constitutional. The Court of Appeals affirmed, holding that the SIF is a State agency for which the State is responsible, not a mutual insurance pool, thereby negating any property or contractual interest of policyholders in its surplus. The Court also dismissed other constitutional challenges related to separation of powers, loan of state credit, creation of debt, and appropriation bills.

State Insurance FundConstitutional LawFund TransferState AgencyMutual InsuranceProperty RightsContract ImpairmentDue ProcessJust CompensationSeparation of Powers
References
17
Case No. No. 36
Regular Panel Decision
May 09, 2017

Betty L. Kimmel v. State of New York

This case addresses whether the Equal Access to Justice Act (EAJA) allows attorneys' fees and costs for a prevailing plaintiff in a Human Rights Law action alleging sex discrimination against a state agency. The plaintiff, Betty L. Kimmel, a former New York State Trooper, sued the State of New York and the New York State Division of State Police for discrimination, sexual harassment, and retaliation she experienced during her employment. After enduring years of litigation, including

Equal Access to Justice ActAttorneys' FeesSex DiscriminationEmployment DiscriminationHuman Rights LawState AgencyJudicial ReviewRemedial StatuteStatutory InterpretationCivil Litigation
References
50
Case No. 2021 NY Slip Op 03509 [195 AD3d 1133]
Regular Panel Decision
Jun 03, 2021

Matter of Broach & Stulberg, LLP v. New York State Dept. of Labor

Petitioner, Broach & Stulberg, LLP, filed a Freedom of Information Law (FOIL) request with the New York State Department of Labor for records pertaining to various apprenticeship training programs. Respondent partially granted the request but denied access to specific categories of documents, stating they did not possess them. Petitioner commenced a CPLR article 78 proceeding, and the Supreme Court partially granted the petition. The Appellate Division, Third Department, reversed the Supreme Court's decision regarding the contested categories of documents, holding that records maintained by a private entity for regulatory compliance are not necessarily 'records held for an agency' under FOIL unless the agency actually possesses, controls, or uses them for its decision-making process. The court modified the judgment, dismissing the petition to that extent, and otherwise affirmed.

Freedom of Information LawPublic RecordsAgency ResponsibilityRegulatory OversightApprenticeship TrainingThird-Party RecordsStatutory InterpretationAppellate DivisionArticle 78 ProceedingGovernment Transparency
References
10
Case No. MISSING
Regular Panel Decision

Prevost v. New York State Department of Social Services

The petitioners, maternal grandparents, initiated a CPLR article 78 proceeding to challenge a determination by the State Commissioner of Social Services and the Warren County Department of Social Services. They sought to expunge a report from the State Central Register indicating inadequate guardianship concerning their grandson, Justin. Justin had been placed in foster care, and concerns arose about his behavior after monthly visits with the petitioners, prompting a psychiatrist to recommend discontinuing overnight visits. The psychiatric report detailed Justin's anger towards his grandmother and later allegations of diapering. Despite the petitioners' denials and claims of bias, the agency's decision to indicate inadequate guardianship was upheld after administrative review and a fair hearing. The court ultimately confirmed the determination, citing substantial evidence based on Justin's consistent accounts.

Child protective servicesInadequate guardianshipFoster careAdoption eligibilityCPLR article 78 proceedingAdministrative reviewExpungement of reportHearsay evidenceCredibility determinationSocial Services Law
References
3
Case No. MISSING
Regular Panel Decision

LaValle v. State

Michelle LaValle, a former employee at New York State Juvenile Detention Centers, filed a lawsuit alleging sexual abuse and harassment by supervisors and co-workers during her employment from 1997 to 1998. She sought to obtain all investigative information gathered by the Office of the State Inspector General of New York (OSIG) regarding her allegations. OSIG opposed the disclosure, arguing that protecting the confidentiality of its investigative files is crucial to encourage witness cooperation and uphold its mission to investigate corruption and abuse in state agencies. The court, balancing the interests of both parties and after an in camera examination, partially granted LaValle's motion for a subpoena duces tecum. It ordered OSIG to disclose telephone and time records from the facilities but denied immediate access to witness statements, with leave to renew this request before jury selection, emphasizing the need to protect witness confidentiality while ensuring fairness to the plaintiff.

Sexual HarassmentSexual AbuseState EmployeeInvestigative FilesConfidentialitySubpoena Duces TecumDisclosureWitness StatementsExecutive OrderGovernment Privilege
References
6
Case No. 88 Civ. 3723 (KC)
Regular Panel Decision
Jun 27, 1990

Belton v. US POSTAL SERV.(NE REGION AGENCY)

Plaintiff Robert Belton, a former postal worker, initiated this action alleging racial discrimination and discrimination based on physical handicap by the United States Postal Service (USPS) following his termination. The case involved a prior settlement agreement which Belton claimed the USPS did not uphold, leading to an appeal to the EEOC which was also denied. The central legal question for the court was whether the 30-day time limit for filing a federal employee discrimination claim under 42 U.S.C. § 2000e-16(c) is a jurisdictional requirement, preventing equitable tolling. Relying on Second Circuit precedent, the court concluded that this period is indeed jurisdictional. Consequently, as Belton failed to name the correct defendant (the Postmaster General) and provide timely notice within this non-waivable period, the court ruled it lacked subject matter jurisdiction and dismissed the complaint.

DiscriminationRace DiscriminationPhysical HandicapEmployment DiscriminationFederal EmployeeTitle VIIRehabilitation ActSubject Matter JurisdictionEquitable TollingSovereign Immunity
References
27
Case No. MISSING
Regular Panel Decision

Suburban Restoration Co. v. Office of the State Comptroller

The State Insurance Fund (SIF) obtained a default judgment against a contractor (petitioner) for unpaid workers' compensation premiums. When the judgment remained unpaid, the State Comptroller (respondent) exercised its common-law right to offset the debt by withholding payments due to the petitioner from other state agencies. The petitioner challenged this action, arguing that SIF is not a state agency for offset purposes and that the Comptroller should audit the original default judgment. The court affirmed the Comptroller's authority, ruling that SIF is indeed a state agency. Furthermore, the court determined that the Comptroller is not required to audit a judgment in the state's favor before applying an offset, thus dismissing the petitioner's request for an audit.

Offset AuthorityState Agency DeterminationDefault Judgment EnforcementWorkers' Compensation PremiumsComptroller's DiscretionAudit ObligationCollateral Attack DoctrineAppellate ReviewGovernment Debt CollectionState Insurance Fund Status
References
12
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