Matter of Dulay v. Oriska Insurance Company
Appellate Division affirms workers’ compensation death benefits for physical therapist assistant who contracted COVID-19 while working with nursing home patients and died in May 2020.
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New York
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Matter of DeLorenzo
Appellate Division denies reinstatement to attorney suspended for unauthorized use of law firm escrow funds, finding failure to demonstrate character, fitness, and public interest.
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Matter of Clement v. Colwell Brothers
Appellate Division affirms authorization of diagnostic hearing tests for established occupational hearing loss claim, finding Special Funds’ denial unsupported by substantial evidence.
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Matter of Clean Air Coalition of Western New York v. New York State Public Service Commission
Appellate Division reviews PSC approval of natural gas facility ownership transfer, addressing scope of environmental review in context of New York’s clean energy policies.
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Matter of Cimino
Appellate Division imposes reciprocal discipline for three separate Colorado disciplinary actions spanning two decades, including suspension, reprimand, and further suspension for multiple rule violations.
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Matter of Caruso
Appellate Division imposes reciprocal discipline on attorney suspended in New Jersey for negligent misappropriation of client funds, finding no applicable defense to reciprocal proceedings.
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Matter of Blakeman v. New York State Public Campaign Financing Board
Appellate Division addresses judicial review of Public Campaign Finance Board determination denying matching funds eligibility to gubernatorial candidates under New York’s reformed public financing program.
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DeCaro v. Somerset Industries, Inc.
Appellate Division addresses products liability and parental supervision claims after toddler was seriously injured by fondant sheeter in commercial bakery, examining allocation of fault between manufacturer and mother.
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Cain v. North Country Community College
Appellate Division affirms denial of dismissal and summary judgment in employment discrimination case, finding triable issues on constructive discharge and joint employer status of correctional facility.
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Veolia Energy North America Holdings, Inc. v. Enwave West Coast Holdings, LLC
Appellate Division affirms dismissal of breach of contract and declaratory judgment claims, finding contingent payment provision in purchase agreement was properly reduced to zero under clear contractual terms.