Preview
INDEX NO. 902565-24
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024
Hcn, Christina L, RYba
),
PRES e,ttt Cniirt t i-t J.S.C
","6tffi
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
ln the Matter of the Application of
NEW YORK STATE WORKERS'COMPENSATION BOARD. ORDERTO
in its capacity as the governmental entity charged with the SHOW CAUSE
administration of the Workers' Compensation Law and attendant
regulations. and in its capacity as successor in interest to the
WHOLESALE RETAIL WORKERS' COMPENSATION
lndex No.: qoas uf -2/
TRUST OF NEW YORK,
Petitioner.
for an order, pursuant to CPLR7701, seeking approval of
proposed settlement.
UPON reading and filing the annexed Verified Petition, dated March 14,2024, and all
exhibits annexed thereto and the accompanying Memorandum of Law, dated March 14, 2O24, and
all exhibits annexed thereto:
SUFFICIENT CAUSE APPEARING THEREFORE, IT IS
ORDERED, that anyone having an interest in the Wholesale Retail Workers'
Compensation Trust of New York C'WRWCT') as set forth in Paragraph 54 of the Verified
Petition show cause before this Court located at the Albany County Courthouse, 16 Eagle Street,
Albany. New York on ,n. ] 1t* o, , 2024 at /O:OD
o'clock in the -noon("n"u.i,Ea te"), or as soon thereafter as Counsel may be heard,
whv an order should not be issued pursuant to CPLR $7701 granting judgment in favor of
Petitioner New York State Workers' Compensation Board ("Petitioner" or the "WCB") for the
relief sought by Petitioner in its Verified Petition; and it is further
1,
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INDEX NO. 902565-24
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024
ORDERED, that the Court reserves the right to approve the settlement agreement made
the subject of this special proceeding (including with such modifications) (hereinafter referred to
as the "Settlement Agreement") as may be consented to by the pa(ies to the Settlement Agreement
(in accordance with their respective terms) without further notice of any kind beyond such notice
as provided for herein; and it is further
ORDERED, that notice of the commencement of this special proceeding and of the above-
hearing shall be given to all persons and entities potentially interested in this special proceeding
(collectively "Potentially Interested Persons"), as set forth in (a), (b) and (c) below, within sixty
(60) days hereofin the following manner (collectively, the "Notice Program"):
a) By mailing a copy of the Order to Show Cause, supporting Verified Petition (with
all exhibits), and the Memorandum of Law by first class mail to Joseph Makowski, Esq., counsel
for certain employer members of WRWCT ("Makowski Defendants") in the action entitled, Nel,
York State Workers' Compensation Board v. 1472 Boston Road Food Corp., er a/., Albany County
lndex No. 902900-13 (the "Action");
b) By mailing a copy of the Order to Show Cause, supporting Verified Petition (with
all exhibits), and the Memorandum of Law by first class mail to John Giardino, Esq., counsel for
certain other employer members of WRWCT in the Action; and
c) By mailing via first class mail to all other former employer-members of WRWCT
(or their attomey if so designated by the member) at the official addresses on file with the WCB a
copy ofthe "Notice of Settlement" which provides details ofthe settlement set forth in the Verified
Petition, along with a link to the WCB's dedicated website for WRWCT members whereon the
Order to Show Cause, supporting Verified Petition (with all exhibits) and Memorandum of Law
will be posted. Acopyof the Notice of Settlement is annexed hereto as ExhibitA;and it is further
2
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INDEX NO. 902565-24
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024
ORDERED, that the Notice Program is approved, is the best notice practicable under the
circumstances, is reasonably calculated to put the Potentially Interested Persons on notice of this
proceeding, and constitutes due and sufficient notice of this special proceeding in satisfaction of
federal and state due process requirements and other applicable law; and it is further
ORDERED, that within fourteen (14) days of serving notice of this special proceeding in
accordance with the Notice Program, the WCB shall file with the Court proof of compliance with
such Notice Program; and it is further
ORDERED, that any Potentially Interested Person who wishes to object to any relief
requested in the Verified Petition, including Court approval of the Settlement Agreement and/or
any Proposed Final Order and Judgment, may appear in person or by an attorney on the Hearing
Date and present evidence or argument that may be proper and relevant; provided, however, that,
except for good cause shown, no Potentially Interested Person shall be heard and nothing submitted
by any Potentially Interested Person shall be considered by the Court in opposition to any of the
relief requested in the Verified Petition unless a written notice of intention to appear along with a
detailed statement of such Potentially Interested Person's objection to any matters before the Court
and the grounds therefor, as well as all documents such Potentially Interested Person may desire
the Court to consider, shall be filed with this Court and served upon (l) Petitioner's counsel, New
York State Workers' Compensation Board, 328 State Street, Schenectady, New York 12305
(ATTN.: Joseph Slater, Esq.), and (2) Defendants' counsel, Joseph Makowski, Esq., 448 Delaware
Ave., Buffalo, New York 14202 (ATTN.: Joe Makowski, Esq.) within twenty (20) days of service
by the Petitioner pursuant to the Notice Programi and it is further
3
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INDEX NO. 902565-24
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024
ORDERED, that any Potentially Interested Person who fails to object in the manner
described above shall be deemed to have waived the right to object (including any right of appeal)
and shall be forever barred from raising such objection in this or any other action or proceeding,
unless the Court orders otherwise; and it is further
ORDERED, that, within thirty (30) days of any objection by any such Potentially
lnterested Person, any papers in response to any such objection, or any submissions in favor of or
with respect to the Settlement Agreement or the relief requested in the Verified Petition, shall be
filed with this Cou( and served upon (i) any person who submitted any objection, and (ii) any
person who has entered an appearance in this matter pursuant to CPLR 320; and it is further
ORDERED, that, except for good cause shown, no person other than Petitioner's counsel
or counsel to the Makowski Defendants shall be heard on the Hearing Date unless such person has
submitted a written objection, or a submission in favor of or with respect to the Settlement
Agreement or the relief requested in the Verified Petition, in accordance with this Order to Show
Cause; and it is further
ORDERED, that, during the pendency of this proceeding, all actions filed after the date of
this Order to Show Cause relating to WRWCT or the subject matter of this proceeding shall be
assigned or transferred to the Justice before whom this proceeding is pending; and it is further
ORDERED, that the Court hereby retains exclusive jurisdiction over the Petitioner,
WRWCT, and all WRWCT employer-members (whether past, present or future) for all matters
relating to the Settlement Agreement and this Article 77 proceeding; and it is further
4
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INDEX NO. 902565-24
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024
ORDERED, that personal appearances shall not be required on the Hearing Date unless
& ordered by the assigned Justice; and it is further
ORDERED, that, during the pendency of this proceeding, Petitioner shall seek an
instruction from the Court before responding or taking any action with respect to assertions,
allegations, nolices, or directions from any Potentially Interested Person relating to the subject
matter of this proceeding.
IT IS SO ORDERED.
Dated: Albany. New York
uarcn ?. zoz+
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, J.S.C.
t9,ln,
fihrisiina L, Hyba
.jisine 0oirriJustice
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5
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Preview
INDEX NO. 902565-24 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024 Hcn, Christina L, RYba ), PRES e,ttt Cniirt t i-t J.S.C ","6tffi STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY ln the Matter of the Application of NEW YORK STATE WORKERS'COMPENSATION BOARD. ORDERTO in its capacity as the governmental entity charged with the SHOW CAUSE administration of the Workers' Compensation Law and attendant regulations. and in its capacity as successor in interest to the WHOLESALE RETAIL WORKERS' COMPENSATION lndex No.: qoas uf -2/ TRUST OF NEW YORK, Petitioner. for an order, pursuant to CPLR7701, seeking approval of proposed settlement. UPON reading and filing the annexed Verified Petition, dated March 14,2024, and all exhibits annexed thereto and the accompanying Memorandum of Law, dated March 14, 2O24, and all exhibits annexed thereto: SUFFICIENT CAUSE APPEARING THEREFORE, IT IS ORDERED, that anyone having an interest in the Wholesale Retail Workers' Compensation Trust of New York C'WRWCT') as set forth in Paragraph 54 of the Verified Petition show cause before this Court located at the Albany County Courthouse, 16 Eagle Street, Albany. New York on ,n. ] 1t* o, , 2024 at /O:OD o'clock in the -noon("n"u.i,Ea te"), or as soon thereafter as Counsel may be heard, whv an order should not be issued pursuant to CPLR $7701 granting judgment in favor of Petitioner New York State Workers' Compensation Board ("Petitioner" or the "WCB") for the relief sought by Petitioner in its Verified Petition; and it is further 1, 1 of 5 INDEX NO. 902565-24 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024 ORDERED, that the Court reserves the right to approve the settlement agreement made the subject of this special proceeding (including with such modifications) (hereinafter referred to as the "Settlement Agreement") as may be consented to by the pa(ies to the Settlement Agreement (in accordance with their respective terms) without further notice of any kind beyond such notice as provided for herein; and it is further ORDERED, that notice of the commencement of this special proceeding and of the above- hearing shall be given to all persons and entities potentially interested in this special proceeding (collectively "Potentially Interested Persons"), as set forth in (a), (b) and (c) below, within sixty (60) days hereofin the following manner (collectively, the "Notice Program"): a) By mailing a copy of the Order to Show Cause, supporting Verified Petition (with all exhibits), and the Memorandum of Law by first class mail to Joseph Makowski, Esq., counsel for certain employer members of WRWCT ("Makowski Defendants") in the action entitled, Nel, York State Workers' Compensation Board v. 1472 Boston Road Food Corp., er a/., Albany County lndex No. 902900-13 (the "Action"); b) By mailing a copy of the Order to Show Cause, supporting Verified Petition (with all exhibits), and the Memorandum of Law by first class mail to John Giardino, Esq., counsel for certain other employer members of WRWCT in the Action; and c) By mailing via first class mail to all other former employer-members of WRWCT (or their attomey if so designated by the member) at the official addresses on file with the WCB a copy ofthe "Notice of Settlement" which provides details ofthe settlement set forth in the Verified Petition, along with a link to the WCB's dedicated website for WRWCT members whereon the Order to Show Cause, supporting Verified Petition (with all exhibits) and Memorandum of Law will be posted. Acopyof the Notice of Settlement is annexed hereto as ExhibitA;and it is further 2 2 of 5 INDEX NO. 902565-24 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024 ORDERED, that the Notice Program is approved, is the best notice practicable under the circumstances, is reasonably calculated to put the Potentially Interested Persons on notice of this proceeding, and constitutes due and sufficient notice of this special proceeding in satisfaction of federal and state due process requirements and other applicable law; and it is further ORDERED, that within fourteen (14) days of serving notice of this special proceeding in accordance with the Notice Program, the WCB shall file with the Court proof of compliance with such Notice Program; and it is further ORDERED, that any Potentially Interested Person who wishes to object to any relief requested in the Verified Petition, including Court approval of the Settlement Agreement and/or any Proposed Final Order and Judgment, may appear in person or by an attorney on the Hearing Date and present evidence or argument that may be proper and relevant; provided, however, that, except for good cause shown, no Potentially Interested Person shall be heard and nothing submitted by any Potentially Interested Person shall be considered by the Court in opposition to any of the relief requested in the Verified Petition unless a written notice of intention to appear along with a detailed statement of such Potentially Interested Person's objection to any matters before the Court and the grounds therefor, as well as all documents such Potentially Interested Person may desire the Court to consider, shall be filed with this Court and served upon (l) Petitioner's counsel, New York State Workers' Compensation Board, 328 State Street, Schenectady, New York 12305 (ATTN.: Joseph Slater, Esq.), and (2) Defendants' counsel, Joseph Makowski, Esq., 448 Delaware Ave., Buffalo, New York 14202 (ATTN.: Joe Makowski, Esq.) within twenty (20) days of service by the Petitioner pursuant to the Notice Programi and it is further 3 3 of 5 INDEX NO. 902565-24 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024 ORDERED, that any Potentially Interested Person who fails to object in the manner described above shall be deemed to have waived the right to object (including any right of appeal) and shall be forever barred from raising such objection in this or any other action or proceeding, unless the Court orders otherwise; and it is further ORDERED, that, within thirty (30) days of any objection by any such Potentially lnterested Person, any papers in response to any such objection, or any submissions in favor of or with respect to the Settlement Agreement or the relief requested in the Verified Petition, shall be filed with this Cou( and served upon (i) any person who submitted any objection, and (ii) any person who has entered an appearance in this matter pursuant to CPLR 320; and it is further ORDERED, that, except for good cause shown, no person other than Petitioner's counsel or counsel to the Makowski Defendants shall be heard on the Hearing Date unless such person has submitted a written objection, or a submission in favor of or with respect to the Settlement Agreement or the relief requested in the Verified Petition, in accordance with this Order to Show Cause; and it is further ORDERED, that, during the pendency of this proceeding, all actions filed after the date of this Order to Show Cause relating to WRWCT or the subject matter of this proceeding shall be assigned or transferred to the Justice before whom this proceeding is pending; and it is further ORDERED, that the Court hereby retains exclusive jurisdiction over the Petitioner, WRWCT, and all WRWCT employer-members (whether past, present or future) for all matters relating to the Settlement Agreement and this Article 77 proceeding; and it is further 4 4 of 5 INDEX NO. 902565-24 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/15/2024 ORDERED, that personal appearances shall not be required on the Hearing Date unless & ordered by the assigned Justice; and it is further ORDERED, that, during the pendency of this proceeding, Petitioner shall seek an instruction from the Court before responding or taking any action with respect to assertions, allegations, nolices, or directions from any Potentially Interested Person relating to the subject matter of this proceeding. IT IS SO ORDERED. Dated: Albany. New York uarcn ?. zoz+ -L ^,/) , J.S.C. t9,ln, fihrisiina L, Hyba .jisine 0oirriJustice t 5 5 of 5