MEMORANDUM AND ORDER... After he was accused of smoking in the shower room, petitioner struck a correction officer in the face. Petitioner was subsequently charged in a misbehavior report with assault, creating a disturbance, refusing a direct order and smoking in an unauthorized area. Following a tier III disciplinary hearing, petitioner was found not guilty of refusing a direct order and guilty of the remaining charges. This determination was affirmed on administrative appeal and petitioner...  

Claimant was employed by Plymouth Beef Company as director of quality control at a meat processing facility. He was allegedly injured at the facility prior to the start of his scheduled shift with Plymouth, and thereafter sought workers' compensation benefits. He claimed that his early presence at the facility was due to inspection work he performed for... ... ... Augusto B. Santos, the proprietor of the business that cleaned the facility1. A Workers' Compensation Law Judge disallowed the...  

Petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting the use of a controlled substance after his urine twice tested positive for marihuana. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Although the penalty subsequently was modified, petitioner's administrative appeal otherwise proved unsuccessful. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78 to challenge the...  

Defendant pleaded guilty in 2004 to sexual abuse in the first degree and was sentenced to a term of imprisonment. In anticipation of his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument that presumptively classified defendant as a risk level II sex offender. However, based upon the existence of an override factor — namely, defendant's 1997 conviction of, insofar as is relevant here, sexual abuse in the first degree — the Board...  

Following a jury trial, defendant was convicted of three counts of sexual abuse in the third degree and one count of endangering the welfare of a child. The Board of Examiners of Sex Offenders thereafter prepared a risk assessment instrument that presumptively classified defendant as a risk level II sex offender. County Court adopted the Board's recommendation and defendant now appeals, contending that he was improperly scored points for continuing course of sexual misconduct, history of...  

In 1997, defendant pleaded guilty to sodomy in the first degree, sexual abuse in the first degree and endangering the welfare of a child, and was sentenced to a prison term of 9 to 18 years. In anticipation of his release from prison, the Board of Examiners of Sex Offenders prepared a risk assessment instrument, presumptively classifying defendant as a risk level II sex offender (105 points) in accordance with the Sex Offender Registration Act (see Correction Law art 6-C), but recommending an...  

In 1997, plaintiff discovered a petroleum discharge on the property of a service station to which defendant R.J. Guerrara, Inc. (hereinafter defendant) delivered fuel for more than a decade. In 2004, plaintiff commenced this Navigation Law article 12 action against defendant... ... ... and other potential dischargers1. As is relevant here,2 in June 2005, plaintiff obtained a default judgment against defendant by filing an application with the County Clerk pursuant to CPLR 3215 (a). Although...  

Claimant was employed by a tax preparation service and submitted various claims for unemployment insurance for the period between 2004 through 2006. In June 2006, the Department of Labor (hereinafter DOL) initially determined that claimant was ineligible to receive benefits because, among other things, he operated a property management service. In September 2006, an Administrative Law Judge (hereinafter ALJ) found that claimant was only eligible to receive benefits for two days during the week...  

Claimant, a machine operator, began experiencing respiratory problems after being exposed to toxic fumes in the course of his employment in July 1997. That incident required that he miss three weeks of work and resulted in an established workers' compensation claim involving claimant's lungs and airways. Following his return to work in August 1997, claimant sustained no compensable lost time until the summer of 2006, when he was again exposed to fumes that caused him to have difficulty...  

On May 18, 2008, petitioner was charged in a misbehavior report with failing to comply with facility correspondence procedures, providing medication to another, smuggling and misuse of state property. Following a tier III disciplinary hearing, he was found guilty as charged. On May 22, 2008, petitioner was charged in a misbehavior report with attempted assault, refusing a direct order and violent conduct. Following a tier III hearing, petitioner was found guilty as charged. On May 26, 2008,...  

Claimant injured her back while working for the employer in 1994. She initially had compensable lost time but, in March 1997, a Workers' Compensation Law Judge authorized treatment and closed the case. Further work-related injuries in 2001 and 2003 also resulted in the payment of workers' compensation benefits, beginning in 2003. The 1994 claim was reopened in 2004, when a hearing was held to determine, among other things, whether apportionment... ... ... between the various claims was...  

In 1983, petitioner abducted a 12-year-old girl at gunpoint, raped and sodomized her, then forced her into a suitcase and abandoned her. He subsequently pleaded guilty to rape in the first degree and kidnapping in the second degree and was sentenced to a prison term of 8 to 25 years1. As a condition of his release to parole supervision in 2003, petitioner agreed that he would "not own, be in possession of or be in close proximity of any items that could be considered as children's...  

MEMORANDUM AND ORDER... Petitioner sent a letter to a correction officer at the facility where he was housed accusing the officer of, among other things, being a white supremacist. The officer had previously instructed petitioner not to send him letters of this nature. As a result, petitioner was charged in a misbehavior report with harassment and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and the determination was later...  

MEMORANDUM AND JUDGMENT... Following a hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of a controlled substance after two drug tests produced positive results for the presence of cannabinoids in his urine. The determination was affirmed upon administrative review, and this CPLR article 78 proceeding ensued... As the determination is supported by substantial evidence in the form of the misbehavior report, hearing testimony and...  

MEMORANDUM AND ORDER... Claimant was employed for seven months as an interstate, long-haul, tractor-trailer driver. While on medical leave, claimant wrote a letter to the employer stating that he was on "strike" because he was dissatisfied with certain working conditions and gave the employer three options, one of which was to ask claimant to resign. In response, the employer paid claimant money that he was owed, and notified him that his resignation was accepted. Claimant was...  

Plaintiff was employed as an electrician by Demco New York Corporation, a subcontractor for defendant Konover Construction Corporation, the general contractor, at a construction site owned by defendants Price Chopper Operating Company, Inc. and Golub Corporation (hereinafter collectively referred to as the owners). Demco's supervisor jerry-rigged a system to move heavy commercial wire into place by using a forklift as a power source to pull a rope over two pulleys and through a conduit mounted...  

MEMORANDUM AND JUDGMENT... After petitioner's urine sample twice tested positive for opiates, a misbehavior report was served accusing him of illegal drug use. Petitioner was found guilty and, following an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding... We confirm. The misbehavior report, positive test results and related documentation provide substantial evidence supporting the determination of guilt (see Matter of White v Superintendent of Wyoming...  

MEMORANDUM AND JUDGMENT... Petitioner, a prisoninmate, engaged in a conversation with his wife while on work detail as a groundskeeper and later lied about the incident to a correction officer. As a result, petitioner received a misbehavior report charging him with unauthorized communication with a member of the public while on outside work detail, providing false statements and leaving his assigned area. During a tier III disciplinary hearing, petitioner pleaded guilty to the first two charges...  

MEMORANDUM AND ORDER... Claimant was employed as a financial analyst for the employer for approximately six months. When her supervisor requested an update on a project on which claimant was working, a confrontation ensued in the supervisor's office that ended when claimant announced she was resigning and abruptly left the office. Soon thereafter, claimant sent an e-mail to the head of the human resources department stating that she was resigning effective immediately. Following a hearing,...  

Plaintiff commenced this action against defendant, alleging causes of action in negligence and breach of contract after an electrical system plaintiff had installed in a residential construction project began leaking water into the residence. Supreme Court granted defendant's motion to dismiss the complaint, finding that plaintiff failed to state a cause of action. Plaintiff now appeals... We affirm. "[W]hen ruling on a motion to dismiss a claim for failure to state a cause of action, the...