claimant claim in New York

2014Regarding the chai lenge to the assessment of costs, the Board is permitted to assess reasonable counsel fees against counsel where a proceeding has been instituted or commenced “without reasonable grounds” (Workers’ Compensation Law § 114-a [3] [ii]), and a request for a change of venue is considered to constitute a proceeding for the purposes of the statute (see Matter of Banton v New York City Dept. of Corr., 112 AD3d 1195 , 1196 [2013]).

2014Regarding the chai lenge to the assessment of costs, the Board is permitted to assess reasonable counsel fees against counsel where a proceeding has been instituted or commenced “without reasonable grounds” (Workers’ Compensation Law § 114-a [3] [ii]), and a request for a change of venue is considered to constitute a proceeding for the purposes of the statute (see Matter of Banton v New York City Dept. of Corr., 112 AD3d 1195 , 1196 [2013]).

1915(Kearney v. McKeon, 85 N. Y. 136 ; Matter of Van Slooten v. Wheeler, 140 id. 624 ; Porter v. Rhoades, 48 App. Div. 635 .) The claimant permitted his claim to grow stale and omitted to protect it by sufficient proof available • after the death of his alleged debtor.

1915(Kearney v. McKeon, 85 N. Y. 136 ; Matter of Van Slooten v. Wheeler, 140 id. 624 ; Porter v. Rhoades, 48 App. Div. 635 .) The claimant permitted his claim to grow stale and omitted to protect it by sufficient proof available • after the death of his alleged debtor.

2024Mgt ., LLC 139 AD3d 658, 659 [2d Dept 2016]; Favia v Harley-Davidson Motor Co ., Inc., 119 AD3d 836 [2d Dept 2014]; Gomez v State of New York , 106 AD3d 870 [2d Dept 2013]; Hernandez v State of New York , 82 Misc 3d 783 [Ct Cl 2023]).

2024Mgt ., LLC 139 AD3d 658, 659 [2d Dept 2016]; Favia v Harley-Davidson Motor Co ., Inc., 119 AD3d 836 [2d Dept 2014]; Gomez v State of New York , 106 AD3d 870 [2d Dept 2013]; Hernandez v State of New York , 82 Misc 3d 783 [Ct Cl 2023]).

2024Mgt ., LLC 139 AD3d 658, 659 [2d Dept 2016]; Favia v Harley-Davidson Motor Co ., Inc., 119 AD3d 836 [2d Dept 2014]; Gomez v State of New York , 106 AD3d 870 [2d Dept 2013]; Hernandez v State of New York , 82 Misc 3d 783 [Ct Cl 2023]).

2024Mgt ., LLC 139 AD3d 658, 659 [2d Dept 2016]; Favia v Harley-Davidson Motor Co ., Inc., 119 AD3d 836 [2d Dept 2014]; Gomez v State of New York , 106 AD3d 870 [2d Dept 2013]; Hernandez v State of New York , 82 Misc 3d 783 [Ct Cl 2023]).

1915(Kearney v. McKeon, 85 N. Y. 136 ; Matter of Van Slooten v. Wheeler, 140 id. 624; Porter v. Rhoades, 48 App. Div. 635 .) The claimant permitted his claim to grow stale and omitted to protect it by sufficient proof available after the death of his alleged debtor.

1915(Kearney v. McKeon, 85 N. Y. 136 ; Matter of Van Slooten v. Wheeler, 140 id. 624 ; Porter v. Rhoades, 48 App. Div. 635 .) The claimant permitted his claim to grow stale and omitted to protect it by sufficient proof available • after the death of his alleged debtor.

1912In Genet v. Willcock, 93 App. Div. 588 , 87 N. Y.

1912In Genet v. Willcock, 93 App. Div. 588 , the court considered the question as to the right to refer a claim under section 8718 of the Code of Civil Procedure.

1898As was said in Gates v. State, 128 N. Y. 221 , 28 N. E. 373 , in commenting upon another statute respecting the filing of claims r “If we should hold that the mailing by a claimant of his claim directed to the canal appraisers was equivalent to a filing in the office, I think we should be disregarding the plain reading of the law, and denying to the words of the statute their plain and usual force and significance." But there was some slight evidence on the trial that the corporation counsel had received a notice, a witness testifying that he saw in the corporation counsel’s office, in the han

1898As was said in Gates v. State, 128 N. Y. 221 , 28 N. E. 373 , in commenting upon another statute respecting the filing of claims r “If we should hold that the mailing by a claimant of his claim directed to the canal appraisers was equivalent to a filing in the office, I think we should be disregarding the plain reading of the law, and denying to the words of the statute their plain and usual force and significance." But there was some slight evidence on the trial that the corporation counsel had received a notice, a witness testifying that he saw in the corporation counsel’s office, in the han

2026Claimant's challenge to the manner in which DOCCS officials conducted disciplinary procedures, and his contention that he was prevented from submitting a timely administrative appeal, involve agency action reviewable by a CPLR article 78 proceeding in Supreme Court ( see Cumberland v State of New York , 217 AD3d at 1030 ; Jones v State of New York , 171 AD3d 1362 , 1364 [3d Dept 2019], appeal dismissed 33 NY3d 1056 [2019]; Matter of Barnes v State of New York , 164 AD3d 977 , 978 [3d Dept 2018]; Green v State of New York , 90 AD3d 1577, 1578 [4th Dept 2011], lv dismissed & denied [*2] 18 NY3d

2026Likewise, claimant's assertion that the misbehavior report was issued in retaliation for his prior complaints to the Office of Special Investigations requires review of administrative action that falls outside the jurisdiction of the Court of Claims, no matter how the claim is characterized ( see Cumberland v State of New York , 217 AD3d at 1030 ).

2026Claimant's challenge to the manner in which DOCCS officials conducted disciplinary procedures, and his contention that he was prevented from submitting a timely administrative appeal, involve agency action reviewable by a CPLR article 78 proceeding in Supreme Court ( see Cumberland v State of New York , 217 AD3d at 1030 ; Jones v State of New York , 171 AD3d 1362 , 1364 [3d Dept 2019], appeal dismissed 33 NY3d 1056 [2019]; Matter of Barnes v State of New York , 164 AD3d 977 , 978 [3d Dept 2018]; Green v State of New York , 90 AD3d 1577, 1578 [4th Dept 2011], lv dismissed & denied [*2] 18 NY3d

2025Claimant's violation of the policy in October 2021, when coupled with her history of prior warnings, constitutes substantial evidence for the Board's determination that she was terminated for disqualifying misconduct ( see Matter of Guess [Commissioner of Labor] , 119 AD3d 1256 , 1257 [3d Dept 2014]; Matter of Balay [Commissioner of Labor] , 111 AD3d 1016 , 1016 [3d Dept 2013]; Matter of Burt [Rapid Response Monitoring Servs., Inc.-Commissioner of Labor] , 107 AD3d 1284 , 1285 [3d Dept 2013]).

2025Claimant's violation of the policy in October 2021, when coupled with her history of prior warnings, constitutes substantial evidence for the Board's determination that she was terminated for disqualifying misconduct ( see Matter of Guess [Commissioner of Labor] , 119 AD3d 1256 , 1257 [3d Dept 2014]; Matter of Balay [Commissioner of Labor] , 111 AD3d 1016 , 1016 [3d Dept 2013]; Matter of Burt [Rapid Response Monitoring Servs., Inc.-Commissioner of Labor] , 107 AD3d 1284 , 1285 [3d Dept 2013]).

2025Claimant's violation of the policy in October 2021, when coupled with her history of prior warnings, constitutes substantial evidence for the Board's determination that she was terminated for disqualifying misconduct ( see Matter of Guess [Commissioner of Labor] , 119 AD3d 1256 , 1257 [3d Dept 2014]; Matter of Balay [Commissioner of Labor] , 111 AD3d 1016 , 1016 [3d Dept 2013]; Matter of Burt [Rapid Response Monitoring Servs., Inc.-Commissioner of Labor] , 107 AD3d 1284 , 1285 [3d Dept 2013]).

2023To the contrary, "this Court consistently has held that though the Board may not fashion its own expert medical opinions, it may reject medical evidence as incredible or insufficient even where no opposing medical proof is presented" ( Matter of Kondylis v Alatis Interiors Co., Ltd. , 116 AD3d 1184 , 1186 [3d Dept 2014] [internal quotation marks, brackets, ellipsis and citation omitted]; see Matter of Glowczynski v Suburban Restoration Co., Inc. , 174 AD3d 1236 , 1238 [3d Dept 2019]).

2022Since the claimant proffered a lower diminution figure, it failed to meet its burden of establishing an entitlement to higher severance damages ( see Lerner Pavlick Realty v State of New York , 98 AD3d at 568 ).

2022Footnote 2: Claimant's brief makes no mention of the Board's December 2020 denial of his application for reconsideration and/or full Board review and, hence, we deem his appeal from that decision to be abandoned ( see Matter of Rho v Beth Israel Med. , 194 AD3d 1324 , 1325 n [2021], lv denied 37 NY3d 912 [2021]).

2017Washington v Napoli, 69 AD3d at 1067 ).

2011Claimant’s brief limits its arguments on appeal to the dismissal of the two-stage and barrier claims, and we therefore deem any challenge to the denial of its cross motion to be abandoned (see Czynski v State of New York, 53 AD3d 881 , 882 n [2008], lv denied 11 NY3d 715 [2009]). .

2011Claimant’s brief limits its arguments on appeal to the dismissal of the two-stage and barrier claims, and we therefore deem any challenge to the denial of its cross motion to be abandoned (see Czynski v State of New York, 53 AD3d 881 , 882 n [2008], lv denied 11 NY3d 715 [2009]). .