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In the Matter of Beth V., Appellant,v.New York State Office of Children & Family Services et al., Respondents. Workers' Compensation Board, Respondent.

Brief

8 Cited authorities

  1. Hanford v. Plaza Packaging

    2 N.Y.3d 348 (N.Y. 2004)   Cited 26 times
    Holding that two people are within the same employ if the accident occurred "within the scope" of their employment

  2. Matter of Petterson v. Daystrom Corp.

    17 N.Y.2d 32 (N.Y. 1966)   Cited 91 times
    In Petterson v. Daystrom Corp., 17 N.Y.2d 32, 268 N.Y.S.2d 1, 215 N.E.2d 329 (1966) the issue before the court was whether the workmen's compensation insurance carrier was entitled to a credit against the proceeds of a settlement of a wrongful death action instituted in a foreign state.

  3. Matter of Kondracke v. Blue

    277 A.D.2d 953 (N.Y. App. Div. 2000)   Cited 18 times

    November 13, 2000. Executive Law § 298 Proceeding Transferred by Order of Supreme Court, Erie County, Sedita, Jr., J. PRESENT: GREEN, J. P., PINE, HAYES, SCUDDER AND LAWTON, JJ. Determination unanimously confirmed without costs and petition and cross petition dismissed. Memorandum: Petitioner Susan Kondracke, a registered nurse, filed a complaint of sexual harassment with the New York State Division of Human Rights (Division) while employed by respondent New York State Office of Mental Health (OMH)

  4. Sormani v. Orange County Community College

    240 A.D.2d 724 (N.Y. App. Div. 1997)   Cited 13 times

    June 30, 1997 Appeal from the Supreme Court, Orange County (Bellantoni, J.). Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted in its entirety, and the action is dismissed. The plaintiff claims that while she was a student at the defendant Orange County Community College and employed part-time doing clerical work in the Physical Education Department, she was sexually harassed by Vance Levin, part-time coach of the women's basketball team

  5. In re Kirk

    50 A.D.3d 1298 (N.Y. App. Div. 2008)   Cited 3 times

    No. 503626. April 11, 2008. Appeal from a decision of the Workers' Compensation Board, filed January 11, 2007, which ruled that the employer's workers' compensation carrier was not entitled to offset its future compensation payments to claimant pursuant to Workers' Compensation Law § 29 (4). Cherry, Edson Kelly, Tarrytown (Ralph E. Magnetti of counsel), for appellants. Andrew M. Cuomo, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent. Before:

  6. Matter of Parmelee v. International Paper Co.

    157 A.D.2d 878 (N.Y. App. Div. 1990)   Cited 15 times
    Noting that employer was not estopped "from asserting the right to an offset against future benefits"

  7. Demarco v. Federal Ins. Co.

    99 A.D.2d 114 (N.Y. App. Div. 1984)   Cited 19 times
    Recognizing a claim for bad-faith refusal to pay benefits in first-party insurance context

  8. Matter of Curtin v. City of New York

    287 N.Y. 338 (N.Y. 1942)   Cited 31 times
    In Matter of Curtin v. City of New York (287 N.Y. 338, 343) the court in referring to the lien portion of section 29 said: "In that provision the Legislature has, in plain words, given recognition to the principle that where one person without fault incurs expenses in creating a fund which inures to the benefit of another, he should be reimbursed from that fund for the expenses incurred."