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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jan 08, 2008

In re Jacob WW.

This appeal concerns the termination of a mother's parental rights due to abandonment of her three children. The children were placed in foster care, and despite attempts by a caseworker to facilitate contact, the mother failed to visit or communicate with her children or the agency for the statutory six-month period. Although the mother's mother arranged a few brief family gatherings, the appellate court affirmed the Family Court's finding that these sporadic contacts were insufficient to prevent a finding of abandonment. The court also noted the children's positive adjustment to foster care and the foster parents' desire to adopt, supporting the termination of parental rights.

Parental Rights TerminationChild AbandonmentFoster Care PlacementFamily Court AppealSchuyler CountySocial Services Law § 384-bVisitation RightsDue DiligenceClear and Convincing EvidenceAppellate Division
References
7
Case No. 2020 NY Slip Op 08137
Regular Panel Decision
Dec 31, 2020

Matter of Dakota W. (Kimberly X.)

The Appellate Division, Third Department, affirmed the Family Court of Broome County's order terminating the parental rights of Kimberly X. and Chad W. for abandoning their three children. The parents appealed, citing due process violations due to their absence from the fact-finding hearing and alleged ineffective assistance of counsel. The court found that the parents voluntarily absented themselves, and their legal representation was adequate. Furthermore, the court concluded that clear and convincing evidence supported the finding of abandonment, as the parents failed to visit or communicate with their children or the petitioning agency during the six-month statutory period. Therefore, the Family Court's decision to transfer guardianship and custody to the Broome County Department of Social Services was upheld.

abandonmentparental rights terminationdue processfoster carefact-finding hearingappellate reviewsocial services lawchildren's rightsclear and convincing evidencevisitation rights
References
15
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision
Sep 04, 1990

In re Siami D.

The Family Court in New York County terminated the parental rights of the respondent on September 4, 1990, finding that she had abandoned her children. This determination was based on clear and convincing evidence that the respondent failed to communicate with the children for at least six months prior to the petition's filing. The court held that the respondent's incarceration during this period did not excuse her failure to establish contact through a third party or by letter. The Family Court's decision, which credited the agency case record over the respondent's testimony regarding attempts to contact the petitioner, was unanimously affirmed on appeal without costs.

Parental Rights TerminationChild AbandonmentFamily LawAppellate AffirmationIncarcerationCommunication with ChildClear and Convincing EvidenceAgency RecordJudicial CredibilityFamily Court Decision
References
5
Case No. MISSING
Regular Panel Decision

Claim of Johnson v. Birds Eye Frozen Foods

This case involves an appeal by an employer and its insurance carrier against a decision that awarded death benefits to a claimant widow. The central issue was whether the claimant widow had abandoned the decedent, which would disqualify her from receiving benefits under the Workmen’s Compensation Law. The appellants attempted to introduce a Federal rule for abandonment, but the court upheld the board's finding that the decedent had abandoned the claimant, and her subsequent illicit relationship was not considered an abandonment on her part under the Domestic Relations Law. Citing previous precedent, the court affirmed the original decision, holding that the board was warranted in finding no abandonment by the claimant.

Workers' Compensation LawDeath BenefitsSpousal AbandonmentSurvivor BenefitsDomestic Relations LawFederal Longshoremen's and Harbor Workers' Compensation ActIllicit RelationshipJudicial ReviewAppellate DivisionEligibility Criteria
References
5
Case No. 2021 NY Slip Op 01533 [192 AD3d 1344]
Regular Panel Decision
Mar 18, 2021

Matter of Micah L. (Rachel L.)

This case concerns the appeal of Rachel L. and Robert L. from an order of the Family Court of Broome County, which granted the Broome County Department of Social Services' application to adjudicate their child, Micah L., as abandoned and terminated their parental rights. The Appellate Division, Third Department, reviewed the Family Court's findings, which established by clear and convincing evidence that both the mother and father failed to maintain contact with the child or the agency during the statutory six-month period. The court affirmed the termination of parental rights, concluding that the parents did not prove inability to maintain contact or that they were prevented from doing so, and that termination was in the child's best interests.

Parental Rights TerminationChild AbandonmentSocial Services Law § 384-bAppellate ReviewFamily CourtBest Interests of ChildDrug RehabilitationIncarcerationSupervised VisitationClear and Convincing Evidence
References
13
Case No. MISSING
Regular Panel Decision

Matter of Heaven A. A. (Tyrone W.--Stephanie A.)

The case addresses whether a Family Court can terminate a putative father's parental rights for abandonment without first establishing paternity. SCO Family of Services petitioned to terminate the parental rights of Stephanie A. and putative father Tyrone W. for abandonment of their child, Heaven. Tyrone W. disputed paternity and requested a DNA test, which the Family Court denied, proceeding to find abandonment. The appellate court reversed, holding that a Family Court must make a threshold factual determination of paternity, through DNA testing if requested, before ruling on abandonment to terminate parental rights. The court emphasized the potential negative stigma of an abandonment finding on an individual whose paternity has not been established.

Parental Rights TerminationAbandonmentPaternity DisputeDNA TestingFamily LawAdoption ConsentPutative Father RegistrySocial Services LawDomestic Relations LawAppellate Review
References
29
Case No. MISSING
Regular Panel Decision

In re K. W. V.

This case is a commitment proceeding under section 384 of the Social Services Law, initiated by an agency to free a minor child for adoption due to alleged parental abandonment by his natural mother. The child was born in 1971 and lived with his mother for three months before being placed in foster care after being abandoned by a friend. The mother made minimal efforts to contact the child or agency, had a history of incarcerations, and did not contribute to his support since he was three months old. The court found clear evidence of abandonment, citing her 'settled purpose to be rid of all parental obligations and to forego all parental rights.' The court determined that the termination of parental status was in the child's best interest, aligning with evolving legal concepts that prioritize a child's right to a permanent home over the natural parents' rights in abandonment cases.

Child AdoptionParental AbandonmentTermination of Parental RightsFoster Care PlacementBest Interests of the ChildSocial Services Law § 384Domestic Relations Law § 111Maternal IncarcerationDrug RehabilitationFamily Reunification Efforts
References
15
Case No. MISSING
Regular Panel Decision

Claim of Shumway v. Albany Port Tavern, Inc.

Carl Shumway, a bartender, died in December 1985. His widow, Nancy A. Shumway, sought workers' compensation death benefits. The Carvill children, decedent's children from another relationship, challenged the award of benefits to Nancy A. Shumway, arguing she had abandoned the decedent. The Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board (Board) found that Nancy A. Shumway had not abandoned the decedent, as her request for him to leave was justified by his persistent drinking, gambling, and absences. On appeal, the court affirmed the Board's decision, concluding that there was substantial evidence to support the finding that Shumway's actions did not constitute abandonment under Workers’ Compensation Law § 16 (1-a) and Domestic Relations Law § 200. The court also rejected arguments concerning a mutual abandonment theory or the impact of Shumway's subsequent relationship.

Workers' CompensationDeath BenefitsSpousal AbandonmentJustification for SeparationDependencySupport OrderMarital SeparationNew York LawAppellate ReviewBoard Decision
References
4
Case No. ADJ12394877
Regular
Dec 14, 2020

SABINA RAMOS vs. GLOBAL FOOD SERVICES, FEDERAL INSURANCE

The applicant was injured and subsequently offered modified work within her restrictions, which she initially performed. However, the applicant then abandoned her employment after suitable modified work was provided by the employer. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that she was not entitled to temporary disability indemnity due to job abandonment. This denial is based on legal precedent that an employee may be estopped from claiming temporary disability for periods where they refuse or abandon suitable modified work without good cause.

Modified workAbandonment of workTemporary disability indemnityPetition for reconsiderationCredibility determinationsPrimary treating physicianWork restrictionsLabor Code section 4062EstoppelOdd lot doctrine
References
0
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