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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

John R. v. State of New York Office of Children and Family Services

Petitioners Patricia R. and John R. were 'indicated' for child maltreatment after their children had continued contact with an uncle who had sexually abused their oldest daughter. Despite being explicitly instructed by a child protective services caseworker to prevent any contact, the children reported seeing and greeting the uncle. Patricia R. even sent the youngest child to the uncle's apartment. The petitioners challenged this determination in a CPLR article 78 proceeding, requesting the report be amended to unfounded. However, the court confirmed the determination, finding substantial evidence that the children's physical, mental, or emotional condition was impaired or in imminent danger due to the petitioners' failure to exercise a minimum degree of care in supervision.

Child MaltreatmentChild AbuseSexual AbuseParental NeglectFailure to SuperviseCPLR Article 78Administrative ReviewSubstantial EvidenceFamily LawChild Protection
References
5
Case No. MISSING
Regular Panel Decision

NYAHSA Servs., Inc., Self-Insurance Trust v. People Care Inc.

This case involves an appeal from an order of the Supreme Court, which granted the plaintiff's motions for leave to amend complaints. The plaintiff, a group self-insured trust, initiated collection actions against former member employers, People Care Incorporated and Recco Home Care Services, Inc., for unpaid workers' compensation adjustment bills. The plaintiff sought to add its trustees as party plaintiffs and to update allegations to include subsequently accrued unpaid bills. The appellate court affirmed the Supreme Court's decision, clarifying that an evidentiary showing of merit is not required for leave to amend pleadings under CPLR 3025 (b) unless there is prejudice, surprise, palpable insufficiency, or patent lack of merit. The court found no such grounds for denial and also rejected the defendants' statute of limitations arguments, affirming that for contracts requiring continuing performance, each breach can restart the limitations period.

Workers' Compensation CoverageSelf-Insured TrustBreach of ContractUnjust EnrichmentPleading AmendmentCPLR 3025 (b)Statute of LimitationsPrejudiceAppellate ReviewSupreme Court Order
References
18
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
Case No. MISSING
Regular Panel Decision

In re Robert J.

The Commissioner of Oneida County Department of Social Services initiated a child abuse proceeding against a respondent, alleging he sexually abused his grandson while providing child care. The central legal issue was whether the respondent, the child's grandfather providing care outside the parental home, qualified as a 'person legally responsible' under Family Court Act § 1012 (a) and (g). The Family Court denied the respondent's motion to dismiss, finding he fit the definition. The appellate court affirmed this order. Justice Davis dissented, arguing that child care providers, including grandparents, performing services outside the household are not 'legally responsible' within the meaning of Article 10, which he believes is intended for parents or those acting in loco parentis within a family context.

Child AbuseFamily LawFamily Court ActStatutory InterpretationChild Care ProviderGrandparentAppellate ReviewLegal ResponsibilityDissenting OpinionOneida County
References
4
Case No. MISSING
Regular Panel Decision

Koenig v. Jewish Child Care Ass'n

This case involves a holdover eviction proceeding initiated by petitioner Jerome Koenig against the Jewish Child Care Association of New York City (JCCA) regarding an apartment used as a group home for adolescent girls. The Appellate Division affirmed that JCCA, as an entity, can be a residential tenant under the Rent Stabilization Law, thus subjecting the apartment to its provisions. The court found that Koenig did not meet the requirements to evict JCCA. A dissenting opinion argued that a group home, due to the temporary nature of its occupants and lack of an identifiable individual primary tenant, should not fall under rent stabilization laws.

Rent Stabilization LawHoldover EvictionGroup HomeCorporate TenantPrimary Residence TestAppellate DivisionDissenting OpinionLeasehold EstateEviction ProceedingResidential Tenant
References
6
Case No. MISSING
Regular Panel Decision
Nov 24, 2009

Nassau Health Care Corp. v. Civil Service Employees Ass'n

The Nassau Health Care Corporation appealed a Supreme Court judgment that denied its petition to modify an arbitration award and granted a petition by Saderia Burke and the Civil Service Employees Association, Inc., to confirm a suspension. The appellate court reversed the judgment, finding that the arbitrator exceeded authority by imposing a suspension despite a prior consent award mandating termination for disciplinary infractions. Consequently, the Corporation's petition to modify the arbitration award was granted, the suspension penalty was vacated, and the implied penalty of termination was reinstated.

Arbitration Award ModificationCPLR Article 75Arbitrator Exceeded AuthorityConsent AwardEmployment TerminationDisciplinary ActionSuspension PenaltyAppellate ReviewPublic Policy ViolationIrrational Award
References
5
Case No. No. 11, No. 12
Regular Panel Decision
Mar 26, 2019

Lilya Andryeyeva v. New York Health Care , Adriana Moreno v. Future Care Health Services

The New York Court of Appeals addressed a common issue in two joint appeals: whether home health care aides on 24-hour shifts must be paid for each hour. The Department of Labor (DOL) interpreted its Wage Order (12 NYCRR part 142) to allow payment for at least 13 hours if the employee receives at least 8 hours for sleep (with 5 uninterrupted) and 3 hours for meals. The Appellate Division rejected this, but the Court of Appeals reversed, deferring to DOL's interpretation as rational and consistent with the Wage Order's plain language. The cases were remitted for lower courts to evaluate class certification issues in accordance with DOL's interpretation.

Home Health Care24-Hour ShiftsMinimum Wage ActWage OrderDepartment of Labor InterpretationClass CertificationAppellate ReviewLabor Law ViolationsSleep BreaksMeal Breaks
References
49
Case No. 2018 NY Slip Op 08737
Regular Panel Decision
Dec 20, 2018

NYAHSA Servs., Inc., Self-Insurance Trust v. Recco Home Care Servs., Inc.

This case concerns an appeal from an order of the Supreme Court in Albany County. Plaintiff NYAHSA Services, Inc., Self-Insurance Trust, a self-insured trust providing workers' compensation coverage, sued defendant Recco Home Care Services, Inc. for unpaid adjustments after the defendant terminated its membership. Following an amendment to the complaint adding individual trustees as plaintiffs, the defendant asserted counterclaims for fraud, breach of fiduciary duty, and negligence against these trustees, which the Supreme Court dismissed as time-barred. The defendant also sought to amend its answer to include a counterclaim under General Business Law, which was denied. The Appellate Division, Third Department, found that the Supreme Court erred in dismissing the counterclaims for fraud and breach of fiduciary duty and in denying the cross-motion to amend for the General Business Law claim. Consequently, the Appellate Division modified the Supreme Court's order, reversing parts of the dismissal and denial, and affirmed the order as modified.

Workers' Compensation CoverageSelf-Insurance TrustFraud AllegationsBreach of Fiduciary DutyGeneral Business LawStatute of LimitationsAmended PleadingsCounterclaimsAppellate ReviewMotion to Dismiss
References
2
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. MISSING
Regular Panel Decision
Jun 03, 1976

In re Louis F.

This proceeding was initiated by foster parents under Social Services Law section 392 to review the foster care status of the child Louis F., aiming to free him for adoption. Respondents, the Department of Social Services, Catholic Home Bureau, and the natural mother, sought to continue foster care, with the agency planning for the child's discharge to the natural mother. The foster parents moved for prehearing disclosure of various records related to the child and his natural parents, which the Family Court denied for lack of sufficient necessity. The Appellate Division affirmed this denial. The court reiterated that while foster parents, as parties in a foster care review, may obtain disclosure upon a proper showing of necessity coupled with in camera viewing by the Family Court, in this instance, after its own appellate in camera review, it found no abuse of discretion in the Family Court's decision.

Foster CareChild WelfareSocial Services LawDisclosureIn Camera InspectionFamily CourtAppellate ReviewBest Interest of the ChildParental RightsAdoption Proceedings
References
1
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