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

Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. 2019 NY Slip Op 02881 [171 AD3d 1071]
Regular Panel Decision
Apr 17, 2019

Matter of Outhouse v. Cortlandt Community Volunteer Ambulance Corps, Inc.

Angela Outhouse, an emergency medical technician, initiated a CPLR article 78 proceeding to compel Cortlandt Community Volunteer Ambulance Corps, Inc. (Volunteer Ambulance) to produce records under the Freedom of Information Law (FOIL). Outhouse sought records related to the rejection of her reinstatement application. Volunteer Ambulance contended it was not an "agency" subject to FOIL. The Supreme Court, Westchester County, initially granted Outhouse's petition. However, the Appellate Division, Second Department, reversed this decision, finding that Volunteer Ambulance, despite contracting with a town district for services, does not meet the criteria of a governmental entity performing a governmental function under Public Officers Law § 86 (3), and therefore is not an agency subject to FOIL. The proceeding was dismissed.

Freedom of Information Law (FOIL)CPLR article 78Agency DefinitionNot-for-Profit CorporationGovernmental FunctionPublic Officers LawVolunteer Ambulance CorpsRecord ProductionAppellate ReviewReversal
References
7
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. 93
Regular Panel Decision
Nov 20, 2025

Matter of Garcia v. WTC Volunteer

This case concerns a claim for death benefits filed by Francisca Garcia, the spouse of a volunteer involved in 9/11 World Trade Center recovery efforts, who had previously received lifetime benefits for related health conditions. The primary legal issue was whether Workers' Compensation Law § 168, which extends the filing period for certain claims, applies to death benefit claims brought by beneficiaries or solely to claims by the direct 'participant.' Both the Workers' Compensation Board and the Appellate Division found the claim untimely, determining that WCL § 168's plain language limits its applicability to the participant. The Court of Appeals affirmed, holding that the claimant's filing, made more than two years after her husband's death, was barred by WCL § 28, as section 168 does not extend the statute of limitations for claims made by a participant's survivors. The Court did not rule on whether Article 8-A generally authorizes death benefits for volunteers, as the untimeliness of the claim was determinative.

Workers' Compensation LawDeath BenefitsWorld Trade Center9/11 Recovery EffortsStatute of LimitationsVolunteer BenefitsArticle 8-AClaim TimelinessStatutory InterpretationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Carey v. Medford Volunteer Ambulance Corp.

The claimant, a volunteer ambulance worker in Suffolk County, sustained a back injury in November 1998. A Workers’ Compensation Law Judge found she had a permanent partial disability with a 50% impairment in earning capacity and awarded benefits from February 3, 1999 to May 7, 2003, and continuing thereafter. The Workers’ Compensation Board affirmed this decision. The employer and its workers’ compensation carrier appealed, arguing that the claimant’s return to employment in a different position without a loss of income required a contrary decision. However, the court affirmed the Board's decision, emphasizing that the Volunteer Ambulance Workers’ Benefit Law bases benefits on a loss of earning capacity, not actual reduced income, and found substantial medical evidence supported the Board's determination.

Workers' CompensationPermanent Partial DisabilityEarning CapacityVolunteer Ambulance WorkerBack InjuryAppellate ReviewMedical EvidenceStatutory InterpretationBenefit LawNew York
References
2
Case No. MISSING
Regular Panel Decision
Feb 09, 2004

Claim of Pache v. Aviation Volunteer Fire Co.

The Workers’ Compensation Board granted benefits to the widow of a fire chief who died of a heart attack, finding an implied contract of coverage under Volunteer Firefighters’ Benefit Law § 30 (2) between Aviation Volunteer Fire Company and the City of New York. The City appealed, contending there was no evidence of FDNY Commissioner approval for such a contract and insufficient proof of its formation. The court affirmed the Board’s decision, holding that the City Charter provisions did not exclusively assign contracting authority to the Commissioner and that substantial evidence supported the Board's finding of an implied-in-fact contract, partly due to the City's failure to produce a knowledgeable employee. The court declined to consider a new argument regarding General City Law § 16-a.

Implied contractVolunteer Firefighters’ Benefit LawWorkers' Compensation BoardMunicipal liabilityFatal heart attackAppellate reviewStatutory interpretationCity CharterFire DepartmentContract formation
References
12
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. 2022 NY Slip Op 04334 [207 AD3d 827]
Regular Panel Decision
Jul 07, 2022

Matter of Fierro-Switzer v. World Trade Ctr. Volunteer Fund

Claimant's spouse, a retired New York City firefighter, died from metastatic kidney cancer. Claimant sought workers' compensation death benefits, attributing the cancer to the decedent's volunteer work at Ground Zero after the September 11, 2001 terrorist attacks. A Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board disallowed the claim, citing the decedent's failure to file the mandatory WTC-12 registration form during his lifetime, a prerequisite for claims under Workers' Compensation Law article 8-A. On appeal, the Appellate Division affirmed, concluding that since the decedent was a volunteer at the time of exposure, his claim did not arise out of employment, thus precluding benefits under Workers' Compensation Law § 16. Furthermore, without the required registration form, no claim could be pursued under article 8-A.

Workers' CompensationDeath BenefitsVolunteerWorld Trade Center9/11Toxic ExposureRegistration RequirementsRenal Cell CarcinomaArticle 8-ASection 16
References
10
Case No. 2019 NY Slip Op 04813
Regular Panel Decision
Jun 13, 2019

Matter of Krouner

Respondent Leonard W. Krouner, disbarred in 2003 for felony convictions, sought reinstatement to the practice of law. The Attorney Grievance Committee for the Third Judicial Department opposed his motion. After a subcommittee on Character and Fitness recommended denial, the Court reviewed the application. The Court found that Krouner met the burden of demonstrating compliance with disbarment orders, possessed the requisite character and fitness, and that his reinstatement would serve the public interest. Citing character references, volunteer work, and successful mental health treatment, the Court granted his motion for reinstatement but imposed conditions, including continued mental health treatment and a prohibition on solo practice for five years.

Attorney ReinstatementProfessional MisconductDisbarmentCharacter and FitnessMental Health TreatmentPro Bono ServiceConditions of ReinstatementFelony ConvictionAttorney GrievanceLegal Ethics
References
10
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