Determining eligibility for accidental disability retirement benefits

A risk inherent in the job duties of the position and the result of the performance of routine employment duties, and which did not involve an unexpected event or hidden danger is not an accident for the purposes of eligibility of Accidental Disability Retirement within the meaning of New York State's Retirement and Social Security Law.

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The Rooker–Feldman Doctrine

The Rooker–Feldman Doctrine as announced by the United States Supreme Court in two cases, Rooker v. Fidelity Trust Co., 263 U.S. 413and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, explains that federal courts other than the Supreme Court of the United States should not sit in direct review of state court decisions unless Congress has specifically authorized such relief and in the absence of such congressional authorization a state court appellant must find a state court remedy or seek to obtain relief from the United States Supreme Court.

Concerning filing motions to reargue and motions to renew

 

In this decisions the Appellate Division explains that "[n]o appeal lies from the denial of a motion to reargue (see Budin v Davis, 172 AD3d 1676, 1679 [2019]) and, therefore, the only issue before it in its considering this action was the propriety of the Supreme Court's denial of petitioner's motion to renew. 

In this regard, said the court, "[a] motion to renew must be based on new facts not previously offered that would change the prior determination and must contain a reasonable justification for the failure to present such facts on the original motion."

A motion to renew, opined the Appellate Division, is not a second chance to remedy inadequacies that occurred in failing to exercise due diligence in the first instance, and the denial of a motion to renew will be disturbed only where it constituted an abuse of the trial court's discretion" (Walden v Varricchio, 195 AD3d 1111, 1114 [2021] [internal quotation marks and citations omitted]; see Williams v Annucci, 175 AD3d 1677, 1679 [2019]). 

Accordingly, the Appellate Division concluded that there no abuse of that discretion on the part of the lower court.

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An effort recover damages for alleged employment discrimination dismissed as untimely

The Appellate Division sustained a Supreme Court decision that, in effect, denied the plaintiff's motion to vacate an order dated September 29, 2016, on the ground that the plaintiff failed to make the motion within a reasonable time, and also denied the plaintiff's motion for leave to enter a default judgment.

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Determining if an employer-employee relationship exists between the parties

Citing Matter of Mayo [Epstein-Commissioner of Labor], 193 AD3d 1199, the Appellate Division opined that the Unemployment Insurance Appeal Board's determination concerning the existence of an employer-employee relationship with respect to the parties involved will be sustained if supported by substantial evidence in the record and determined by considering all aspects of the working arrangement including, but not limited to, "the key question of whether the putative employer exercised control over the results produced by the worker or the means used to achieve the results." 

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