Decision: 2021.11.23 Argument: 2021.10.07 vid. tr. Whether the Special Fund for Reopened Cases was responsible for paying claim for Workers’ Compensation Benefits in 2016 despite the Fund’s closure to new cases in 2013. Related Case: Matter of Claim of Verneau
Pending Cases
Matter of Claim of Verneau
Decision: 2021.11.23 Argument: 2021.10.07 vid. tr. Whether the Special Fund for Reopened Cases was responsible for paying claim for Workers’ Compensation Benefits in 2017 despite the Fund’s closure to new cases in 2013. Related Case: Matter of Claim of Rexford
Matter of Clifton Park Apartments, LLC v. New York State Division of Human Rights
Decision: n/a Argument: 2024.01.09 vid. tr. Whether the Appellate Division properly concluded that substantial evidence did not support the finding that petitioners took adverse action against respondent CityVision; whether the Appellate Division should have remitted for further proceedings upon concluding that the Administrative Law Judge did not apply the correct burden-shifting analysis under one prong…
Matter of Colon v. Teachers’ Retirement System of the City of New York
Decision: n/a Argument: n/a vid. tr. Whether the May 2020 amendments to the Retirement and Social Security Law enacted in response to the COVID-19 pandemic are unconstitutional under the New York State Constitution; whether petitioner was entitled to ordinary death benefits under the statute; whether respondent retirement system properly suspended petitioner’s application for ordinary death…
Matter of DCH Auto v. Town of Mamaroneck
Decision: 2022.06.16 Argument: 2022.05.19 vid. tr. Whether an “aggrieved person” may bring a challenge to real estate taxes under RPTL article 7 when the person is neither the owner of the property nor the owner’s agent.
Matter of Gesmer v. Administrative Board of the NYS Unified Court System
Decision: 2021.12.14 Argument: n/a vid. tr. Whether Supreme Court properly annulled the determination of respondent Administrative Board of the New York State Unified Court System denying certification to 46 of 49 elected Supreme Court Justices who had reached the mandatory retirement age of 70 or more as of December 31, 2020, and who had applied…
Matter of Harkenrider v. Hochul
Decision: 2022.04.27 Argument: 2022.04.26 vid. tr. Whether New York’s recent plan of reapportionment and redistricting by the Legislature based on the 2020 federal census violates the state Constitution.
Matter of Jaime v. City of New York
Decision: n/a Argument: n/a vid. tr. When determining whether to grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e(5), whether “actual knowledge of the essential facts constituting the claim” may be properly imputed to a municipality because its employees are alleged to have committed an intentional…
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 Karlin v. Stanford
Decision: n/a Argument: n/a vid. tr. Whether parolees retain First Amendment rights such that a special parole condition is reviewable on constitutional grounds; whether a special parole condition barring a parolee from viewing, accessing, or downloading any materials depicting sexual activity, nudity, or erotic images pass constitutional muster; whether a special parole condition barring a…
Matter of Koegel
Decision: 2021.12.16 Argument: 2021.11.18 vid. tr. Whether extrinsic evidence can cure a defect in the acknowledgment of a prenuptial agreement; law of the case.
Matter of Kotsones
Decision: n/a Argument: n/a vid. tr. Whether, in a probate dispute, evidence that a beneficiary of the will held a position of trust with the decedent is sufficient to establish a confidential relationship between them, triggering an inference that the beneficiary exerted undue influence over the decedent.
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).
Matter of Liuni v. Gander Mountain
Decision: 2022.04.21 Argument: 2022.03.17 vid. tr. Whether an award for loss of function of one part of a limb can properly be deducted from a later award for loss of function of a different part of the same limb. Related case: Matter of Claim of Johnson v. New York City.
Matter of Maika
Decision: 2023.04.20 Argument: 2023.03.16 vid. tr. Whether transfer of real property to attorneys in fact was improper gift, given that the attorneys of fact were related to the decedent.
Matter of Mental Hygiene Legal Service v. Delaney
Decision: 2022.04.21 Argument: 2022.03.17 vid. tr. Whether the law requires the Department of Health and Office for People with Developmental Disabilities to place a minor with developmental disabilities in a residential facility or provide other specific services.
Matter of Nemeth v. K-Tooling
Decision: 2023.10.24 Argument: 2023.09.14 vid. tr. Whether the third prong of the relation-back doctrine applied to permit petitioners to add landowner as necessary party in amended petition filed after limitations period expired where petitioners knew the landowners’ identity; whether dismissal of claims against remaining respondents was warranted based on failure to name a necessary party.
Matter of Nonhuman Rights Project v. Breheny
Decision: 2022.06.14 Argument: 2022.05.18 vid. tr. Whether the writ of habeas corpus is available to a nonhuman animal.
Matter of Orozco v. City of New York
Decision: n/a Argument: n/a vid. tr. hen determining whether to grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e(5), whether “actual knowledge of the essential facts constituting the claim” may be properly imputed to a municipality because its employees are alleged to have committed an intentional…
Matter of Policarpio v. Rally Restoration Corp.
Decision: n/a Argument: 2022.04.19 vid. tr. Whether substantial evidence supports the Board’s determination that claimant failed to demonstrate labor market attachment after July 31, 2018.
Matter of Prisoners’ Legal Services of New York v. New York State Department of Corrections and Community Supervision
Decision: n/a Argument: n/a vid. tr. Whether video of prison can be withheld under the law-enforcement exemption to New York’s Freedom of Information Law (FOIL); whether factual records, such as unusual incident reports, can be withheld under FOIL’s inter/intra-agency exemption.
Matter of State of New York v. NYS Public Employment Relations Board
Decision: 2023.02.14 Argument: 2022.01.04 vid. tr. Whether PERB’s determination that the imposition of an application fee for promotional examinations was a mandatory subject of negotiation was rational and supported by substantial evidence; whether the Appellate Division applied the appropriate standard of review in resolving a purported question of statutory interpretation; whether PERB lacked authority or…
Matter of State v. Luis S.
Decision: n/a Argument: 2020.04.29 vid. tr. Proceeding pursuant to Mental Hygiene Law article 10 seeking an order discharging petitioner or releasing him to the community under a regimen of strict and intensive supervision and treatment after service of his sentence for a sex offense–claim by petitioner that reliance on a diagnosis of “Unspecified Paraphilic Disorder”…
Matter of Stevens v. NYS Division of Criminal Justice Services
Decision: 2023.10.24 Argument: 2023.09.14 vid. tr. Whether petitioners, relatives of persons whose genetic profiles are in the New York State DNA database, have standing to challenge regulations adopted by respondents governing familial DNA searches; whether respondents exceeded their authority in promulgating familial DNA search regulations.
Matter of Talbot V. v. Kingsboro Psychiatric Center
Decision: 2022.06.14 Argument: 2022.05.18 vid. tr. Whether Mental Hygiene Law § 9.31(b) requires a hospital to disclose to a patient the patient’s entire clinical record in advance of an involuntary-treatment hearing.
Matter of Timperio v. Bronx-Lebanon Hospital
Decision: n/a Argument: n/a vid. tr. Whether claimant’s injury in a mass shooting at his place of employment was an injury that arose out of his employment, where there was no substantial evidence of any motivation for the shooting.
Matter of Walt Disney & Consolidated Subsidiaries v. Tax Appeals Tribunal of the State of New York
Decision: n/a Argument: n/a vid. tr. Whether petitioner properly deducted royalty payments from its foreign affiliates under Tax Law § 208; whether Tax Law § 208 violates the dormant Commerce Clause of the United States Constitution.
Moore Charitable Foundation v. PJT Partners, Inc.
Decision: 2022.02.15 (rearg) Argument: 2022.02.09 vid. tr. Whether an employer whose employee commits fraud is liable for fraud under an apparent-authority theory if the employer knew of no facts that would have put it on notice of the employee’s criminal propensity.
Morrison v. New York City Housing Authority
Decision: n/a Argument: n/a vid. tr. Whether, in a personal-injury case, Supreme Court properly granted summary judgment to NYCHA based on an affidavit of a non-English speaker, when the affidavit was not accompanied by a translator’s affidavit.
Motondo v. City of Syracuse
Decision: n/a Argument: 2023.10.18 vid. tr. Whether the City of Syracuse, through legislation or otherwise, evidenced an intent to withdraw the issue of police and firefighter disciplinary procedures from collective bargaining.
Nemeth v. Brenntag North America
Decision: 2022.04.26 Argument: 2022.03.15 vid. tr. Whether plaintiff presented sufficient evidence that her peritoneal mesothelioma was caused by respirable asbestos contained in talcum powder used by plaintiff over an 11-year period; defendant supplied asbestos-contaminated talc for talcum powder; whether plaintiff’s counsel’s remarks on summation and the trial court’s failure to issue a curative instruction deprived…
Nitkewicz v. Lincoln Life & Annuity Co. of New York
Decision: 2023.10.19 Argument: 2023.09.12 vid. tr. Whether a planned payment into an interest-bearing policy account, as part of a universal life insurance policy, constitutes a “premium actually paid for any period” under the refund provision of New York Insurance Law § 3203(a)2)
Ortiz v. Ciox Health LLC
Decision: 2021.11.18 Argument: 2021.10.06 vid. tr. Whether N.Y. Public Health Law § 18(2)(e) provides a private right of action for damages when a medical provider violates the provision limiting the reasonable charge for paper copies of medical records to $0.75 per page.
Petróleos de Venezuela S.A. v. MUFG Union Bank, N.A.
Decision: n/a Argument: 2024.01.10 vid. tr. Does Uniform Commercial Code § 8-110(a)(1) require that the validity of documents governing a bond swap be determined under “the local law of the issuer’s jurisdiction”? Does any principle of New York common law require that a New York court apply local substantive law, rather than New York substantive…
Plymouth Venture Partners v. GTR Source
Decision: 2021.12.16 Argument: 2021.11.16 vid. tr. Whether under New York law, a judgment debtor suffers cognizable tort damages when a judgment creditor has a marshal or sheriff seize the judgment debtor’s property pursuant to a valid money judgment, but the levy by service of execution does not comport with the service requirements of Article 52…
Police Benevolent Association of NYC v. City of New York
Decision: n/a Argument: 2023.10.19 vid. tr. Whether the Administrative Code of the City of New York § 10-181, which makes it a criminal misdemeanor to use certain methods of restraint in the course of effecting or attempting to affect an arrest, is unconstitutionally vague or preempted by New York State Law.
Revis v. Schwartz
Decision: 2022.03.17 Argument: 2022.02.09 vid. tr. Whether the parties agreed to arbitrate the threshold question of the arbitrability of their dispute; whether nonsignatory defendants may compel arbitration.
Roman Catholic Diocese of Albany v. Vullo
Decision: n/a Argument: n/a vid. tr. Whether, in light of the U.S. Supreme Court’s holding in Fulton v. Philadelphia, 141 S. Ct. 1868 (2021), Catholic Charities of Diocese of Albany v. Serio, 7 N.Y.3d 510 (2006), remains controlling law in this action challenging regulation requiring health insurance policies in New York to include coverage for…
Schoch v. Lake Champlain OB-GYN, P.C.
Decision: 2022.05.19 Argument: 2022.04.20 vid. tr. Whether an employee whose employer pays insurance premiums on her behalf is entitled to receive cash consideration when the insurer converts from a mutual insurance company converts to a stock insurance company. Related Cases: Columbia Memorial Hospital v. Hinds; Maple Medical, LLP v. Scott
Secky v. New Paltz Central School District
Decision: 2023.04.27 Argument: 2023.03.15 vid. tr. Whether the doctrine of assumption of risk properly supported an award of summary judgment dismissing a plaintiff’s tort claims resulting from injuries sustained while her son was playing in a school-sponsored sports activity.