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

Case No. 2016 NY Slip Op 08955 [145 AD3d 640]
Regular Panel Decision
Dec 29, 2016

Matter of Genesis R. (Marcelino C.)

The Appellate Division, First Department, affirmed a Family Court order finding respondent father Marcelino C. neglected his children, Genesis R. and another child. The court found that Marcelino C. posed an imminent danger to the children's emotional well-being through aggressive behavior towards agency personnel, disruptive conduct at a hospital, and physical abuse of the children's mother. Specific incidents included a verbal and physical altercation with the mother in front of the older child and caseworker, and allowing the mother unsupervised access to the older child despite court restrictions. These actions demonstrated impaired parental judgment, leading to a derivative finding of neglect for the younger child as well.

NeglectChild welfareFamily Court ActAppellate DivisionEmotional well-beingParental judgmentAbuseAggressive behaviorDerivative neglectAffirmed decision
References
5
Case No. 2017 NY Slip Op 04412
Regular Panel Decision
Jun 07, 2017

Aprile-Sci v. St. Raymond of Penyafort R.C. Church

Kathleen Aprile-Sci, a volunteer Eucharistic Minister, allegedly tripped and fell at St. Raymond of Penyafort R.C. Church. The Workers' Compensation Board (WCB) determined her injury was work-related and she was entitled to benefits, a decision she did not object to. Subsequently, Aprile-Sci and her husband commenced a personal injury action against the church. The church moved for summary judgment based on the exclusivity provisions of the Workers' Compensation Law. The Supreme Court denied the motion, but the Appellate Division reversed, holding that the WCB's final and conclusive determination barred a collateral attack in a plenary action.

Workers' Compensation LawExclusivity DoctrineSummary JudgmentAppellate ReviewVolunteer StatusPersonal Injury ClaimWCB DeterminationCollateral AttackTriable Issues of FactDiocese Insurance
References
13
Case No. MISSING
Regular Panel Decision

Local 140, International Ladies' Garment Workers' Union v. P.C.R. Sportswear Corp.

The Union, Local 140, International Ladies’ Garment Workers’ Union, AFL-CIO, filed a petition to confirm an arbitration award against P.C.R. Sportswear Corp. The dispute arose from P.C.R.'s failure to comply with a collective bargaining agreement after selling its shop. P.C.R. opposed the petition, citing lack of jurisdiction, impossibility of performance, arbitrator partiality, and misconduct for refusing material evidence. Judge Werker found P.C.R.'s arguments baseless, affirming the arbitrator's jurisdiction and proper conduct. The court granted the petition, confirming the arbitration award against P.C.R. for unpaid wages, holiday pay, and benefit fund contributions.

arbitration award confirmationcollective bargaining agreement enforcementunion litigationemployer liability for contract breacharbitrator jurisdiction challengeimpossibility of performance defensearbitrator impartiality disputemisconduct of arbitrator claimfederal court jurisdictionlabour law dispute
References
4
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. MISSING
Regular Panel Decision

Harry C. Partridge, Jr. & Sons, Inc. v. M & R Construction Corp. (In Re Harry C. Partridge, Jr. & Sons, Inc.)

Harry C. Partridge, Jr. & Sons, Inc., a debtor in Chapter 11 bankruptcy, sought to recover an 8% retainage differential from M & R Construction Corp., the general contractor. The debtor, a subcontractor for the Camden County Correctional Facility project, argued that M & R's prime contract with the Camden County Board of Chosen Freeholders only allowed for a 2% retainage, while M & R withheld 10% from the debtor. The debtor claimed a contractual clause stating, 'If General Contract allows for reduction of retainage, subcontract retainage will be reduced,' entitled them to the differential. M & R countered that no reduction had occurred in its prime contract and the debtor had not completed its obligations. The court determined the action was a core bankruptcy proceeding but ultimately dismissed the debtor's claim, finding the 10% retainage was a clearly agreed-upon term in the subcontract, justified by the debtor's failure to provide a performance bond, unlike the general contractor.

Bankruptcy LawChapter 11 ReorganizationContract DisputeRetainage ClauseSubcontractor RightsGeneral Contractor ObligationsSurety BondJurisdictional ChallengeCore ProceedingNew Jersey State Law
References
6
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. MISSING
Regular Panel Decision

In re Breanna R.

The Family Court, Erie County, dismissed a petition alleging that the respondent father sexually abused his three children. On appeal, the order was unanimously reversed. The Appellate Division found that the out-of-court statements of the two oldest children describing incidents of sexual abuse by the father were sufficiently corroborated by validation testimony from a licensed psychologist, testimony from a CPS caseworker, age-inappropriate knowledge of sexual matters by the children, cross-corroborating accounts, and consistent behaviors. Consequently, Breanna R. and Giovanna R. were found to be abused children, and Giulianna R. was found to be a neglected child. The matter was remitted to Family Court, Erie County, for a dispositional hearing before a different judge.

child abusechild neglectsexual abuseFamily Court Actcorroborationout-of-court statementsvalidation testimonypsychological testingappellate reviewreversal
References
8
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

M.S. ex rel. R.R. v. New York City Department of Education

Plaintiff M.S., individually and on behalf of her autistic son R.R., brought an action against the New York City Department of Education under the Individuals with Disabilities Education Act (IDEA). M.S. sought tuition reimbursement for R.R.’s unilateral private school placement after challenging the adequacy of the Department’s proposed Individualized Education Program (IEP). An Impartial Hearing Officer (IHO) initially sided with M.S., but a State Review Officer (SRO) reversed this decision, finding the IEP compliant with IDEA. In the federal district court, M.S. appealed the SRO's decision. The court, affording due deference to the SRO's expertise, upheld the SRO's finding that the Department’s IEP was both procedurally and substantively adequate, thereby denying M.S.'s motion for summary judgment and granting the Department's cross-motion, dismissing the complaint.

Individuals with Disabilities Education ActSpecial EducationAutismTuition ReimbursementIndividualized Education ProgramDue ProcessAdministrative AppealSummary JudgmentEducational LawDisability Rights
References
30
Case No. 2013-2706 Q C
Regular Panel Decision
Sep 19, 2016

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

This case, NYS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., concerned an appeal from an order of the Civil Court of the City of New York, Queens County. The plaintiff, NYS Acupuncture, P.C., sought assigned first-party no-fault benefits from State Farm, which had moved for summary judgment arguing full payment according to the workers' compensation fee schedule. The Civil Court initially granted State Farm's motion. On appeal, NYS Acupuncture, P.C. contended that the fee schedule reductions were improper. The Appellate Term, Second Department, affirmed the prior ruling, finding that State Farm adequately demonstrated it had fully compensated the plaintiff for acupuncture services based on the applicable workers' compensation fee schedule for services performed by chiropractors, referencing Great Wall Acupuncture, P.C. v Geico Ins. Co.

Workers' Compensation Fee ScheduleNo-Fault BenefitsAcupuncture ServicesChiropractorsSummary JudgmentAppellate ReviewInsurance DisputeFee Schedule ReductionAssigned BenefitsMedical Billing
References
1
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