Decision: 2023.12.19 Argument: 2023.11.15 vid. tr. Whether in response to a FOIL request, an agency may use the attorney-client privilege to shield from disclosure general training materials that are concededly unrelated to any specific matter and are not based on confidential, particularized information; whether in response to a FOIL request, an agency may withhold materials…
November Session
Matter of Bowers Development, LLC v. Oneida County Industrial Development Agency
Decision: 2023.12.14 Argument: 2023.11.14 vid. tr. Whether the Oneida County Industrial Development Agency properly determined that installing a parking facility for a medical office building was a “commercial” purpose within the Agency’s corporate purpose such that the agency could use its eminent-domain powers.
Matter of Hoffmann v. NYS Independent Redistricting Commission
Decision: 2023.12.12 Argument: 2023.11.15 vid. tr. Whether the Appellate Division properly granted petitioners’ CPLR article 78 petition and directed the Independent Redistricting Commission to commence its duties; whether the proceeding was timely; whether the relief granted violates New York Constitution, Article III, Section 4(e); whether the relief granted conflicts with Matter of Harkenrider v. Hochul,…
Matter of Jun Wang v. James
Decision: 2023.12.14 Argument: 2023.11.14 vid. tr. Whether deference should be accorded to DOCCS’s interpretation of Correction Law § 24-a; whether that statute extends state-law indemnification protections to a medical professional providing services at the request of DOCCS only if DOCCS expressly requests the specific service for which indemnification is requested.
Matter of Lazalee v. Wegman’s Food Markets, Inc.
Decision: 2023.12.12 Argument: 2023.11.14 vid. tr. Whether the Workers’ Compensation Board rationally denied the employer’s belated request to produce the employee’s treating physician for cross-examination under 12 NYCRR 300.10(c).
Stoneham v. Barsuk
Decision: 2023.12.19 Argument: 2023.11.16 vid. tr. Whether repairing a leaking air tank on a trailer qualifies as “repairing” a “structure” under Labor Law § 240(1).
Suzanne P. v. Joint Board of Directors of Erie-Wyoming County Soil Conservation District
Decision: 2024.01.16 2023.01.10 (rearg) Argument: 2022.01.05 vid. tr. 2023.11.16 vid. tr. Whether trial evidence established the defendant Soil Conservation District owned dam at the time of plaintiff’s decedent’s fatal accident.