New York Public Personnel Law

Jan 14, 2023

Selected judicial and quasi-judicial decisions issued during the week ending January 14, 2023

The Doctrine of Laches may bar granting an applicant workers' compensation benefits

Applying the doctrine of laches may be triggered within the context of a workers' compensation claim when a party is deemed guilty of the "failure to assert a right for an unreasonable and unexplained length of time, accompanied by other circumstances causing prejudice to the adverse party" (Matter of Fuller v Jackson, 205 AD3d 1291) and the Workers' Compensation Board's determination regarding the applicability of the laches doctrine "will not be disturbed on appeal if supported by substantial evidence" (Matter of Trombino v FMB Inc., 210 AD3d 1212. Click on the URL below to access this decision posted on the Internet:

https://www.nycourts.gov/reporter/3dseries/2023/2023_00138.htm

Governmental function immunity

A governmental entity is not entitled to governmental function immunity when engaged in a proprietary function at the time of an accident (see Wittorf v City of New York, 23 NY3d 473; Applewhite v Accuhealth, Inc., 21 NY3d 420). Nor is a governmental entitled to qualified immunity, in the absence of any evidence in the record that a study of the risks involved had been conducted (see Turturro v City of New York, 28 NY3d 469). Click on the URL below to access this decision posted on the Internet:

https://www.nycourts.gov/reporter/3dseries/2023/2023_00055.htm

Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.