In re the Claim of Martin
Cases that cite this one
21 later published cases cite this decision.
- Kopyt v. Governor's Office of Employee Relations (Appellate Division of the Supreme Court of New York 2008)
- Claim of Horton v. Salt (Appellate Division of the Supreme Court of New York 2006)
- Klein v. Levin (Appellate Division of the Supreme Court of New York 2003)
- In re the Claim of Maxwell (Appellate Division of the Supreme Court of New York 2003)
- Civil Service Employees Ass'n, Local 1000 v. Angello (Appellate Division of the Supreme Court of New York 2000)
- Car Barn Flats Residents' Ass'n v. New York State Division of Housing & Community Renewal (New York Supreme Court 2000)
- Collins v. Governor's Office of Employee Relations (Appellate Division of the Supreme Court of New York 1995)
- New York State Inspection, Security & Law Enforcement Employees v. Kinsella (Appellate Division of the Supreme Court of New York 1994)
- Gaffney v. New York State Department of Education (Appellate Division of the Supreme Court of New York 1994)
- Lehigh Portland Cement Co. v. New York State Department of Environmental Conservation (New York Supreme Court 1994)
- Matter of Lafayette Storage & Moving Corp. (N.Y. 1991)
- Long v. perales (Appellate Division of the Supreme Court of New York 1991)
- In re Claim of Autotte (Appellate Division of the Supreme Court of New York 1991)
- Engel v. Sobol (Appellate Division of the Supreme Court of New York 1990)
- Claim of Caldas v. 86 Alda Restaurant, Inc. (Appellate Division of the Supreme Court of New York 1990)
- Dental Society v. New York State Tax Commission (Appellate Division of the Supreme Court of New York 1989)
- In re the Claim of Myers (Appellate Division of the Supreme Court of New York 1988)
- In re the Claim of Casey (Appellate Division of the Supreme Court of New York 1988)
- In re the Claim of Le Porte (Appellate Division of the Supreme Court of New York 1988)
- New York City Transit Authority v. White (Appellate Division of the Supreme Court of New York 1988)
- In re the Claim of Gray (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Memorandum.
The Appellate Division order should be reversed, with costs, and the case remitted to that court with direction to remand to the Unemployment Insurance Appeal Board for further proceedings in accordance with Matter of Field Delivery Serv. (Roberts) (66 NY2d 516) and this memorandum.
In Field Delivery this court held that: "absent an explanation by the agency, an administrative agency decision which, on essentially the same facts as underlaid a prior agency determination, reaches a conclusion contrary to the prior determination is arbitrary and capricious” (id., at 518 [emphasis added]). Here, the Board failed to distinguish or explain its departure from its prior determination in Matter of Di Martino (Buffalo Courier Express Co. — Ross) (59 NY2d 638), a case in which the Board found an employer-employee relationship on essentially the same facts as presented by this case. Therefore, its determination is arbitrary and capricious and should have been annulled by the Appellate Division on appeal. The Appellate Division’s after-the-fact rationalization of the Board’s determination does not satisfy the requirements of Field Delivery.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and the matter remitted to the Appellate Division, Third Department, with directions to remand to the Unemployment Insurance Appeal Board for further proceedings in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.