7

NEWS FOR
THIS WEEK

December 31, 2015
Thursday

COMMENTARY: A few thoughts as the year ends and some suggesions for next year.

DECISIONS: There are no decisions from the Third Department this week but seven new cases have been added to the Third Department's January hearing calendar.

Week
#367

Issue
#1

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Motions: Court of Appeals


Motion Seeking Appeal which have been Denied

Scott Empara v New Rochelle Sch District
November 19, 2015    NYS Court of Appeals:  Motion for leave to appeal denied. On July 2, 2015, the 3rd Dept affirmed the Board's ruling denying claimant an increase in schedule loss of use.


Ling Chen v Reuters Am. Holdings
September 17, 2015: Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. This case has never been before the Third, which has refused to hear it, thus this appeal to the Court of Appeals, one of several similarly denied over the last two years.

Paul Schwenger v NYU Sch. of Medicine

September 22, 2015: Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Original decision from the 3rd dated March 5, 2015 which ruled that an employer-employee relationship existed.

Tiffany Cruz v NYC Dept of Children's Servs
September 17, 2015: Motion for leave to appeal denied. Original decision from the 3rd dated December 31, 2014 that the self-insured employer was not entitled to take an offset under WCL §29 against the schedule loss of use award (SLU).     

Sharon K. Bland v Gellman, Brydges & Schroff
September 10, 2015: Motion for leave to appeal dismissed upon the grounds that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. This pro-se claimant has had three hearings at the Third Department, issued April 16, 2015, February 14, 2013, and November 29, 2012, all deaaing with medical billing and degree of disability.