The Appellate Division January, February, and March 2018 Leave Grants

The Appellate Division only granted two more cases from the first three months of 2018, both of which came from the Second Department. With the two new leave grants from the Second Department, it jumped into the departmental lead with 5 leave grants to 4 from the First Department and 2 from the Fourth Department. The 11 total Appellate Division leave grants through March 2018 is way behind the 26 the Appellate Division had granted through March 2017. An interesting downturn to watch to see if this is more aberration or trend.

If you missed the first two parts of my Appellate Division leave grants series, August, September, and October 2017’s grants can be found here, and November and December 2017’s grants here.

Here’s a quick look at the two new Appellate Division leave grants, both of which came in March 2018.

March Appellate Division Leave Grants

Andryeyeva v New York Health Care, Inc., 153 AD3d 1216 (2d Dept 2017)

Questions presented: Whether the plaintiffs’ renewed motion for class certification was properly granted, and whether the Appellate Division erred in finding that the premise upon which the employer based its payment practices with respect to nonresidential home health care attendants–that is, the Department of Labor’s interpretation of the Wage Order (12 NYCRR 142.2.1)–is neither rational nor reasonable.

Supreme Court, Kings County, granted plaintiffs’ renewed motion for class certification pursuant to CPLR article 9. The Appellate Division, Second Department affirmed.

Moreno v Future Care Health Services, Inc., 153 AD3d 1254 (2d Dept 2017)

Questions presented: Whether the defendant employer violated Labor Law article 19 by paying the plaintiff home health care attendants a flat rate for 24-hour shifts, resulting in a wage below minimum wage, and whether Supreme Court properly denied plaintiffs’ motion for class certification.

Supreme Court, Kings County, denied the plaintiffs’ motion for class certification pursuant to CPLR article 9. The Appellate Division, Second Department vacated the order, and granted plaintiffs’ motion for class certification pursuant to CPLR article 9.

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