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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
Aug 29, 2002

Kemp v. Kemp

This case involves an appeal from an order of the Family Court of Clinton County concerning the modification of a prior custody order for two sons. The parties, who divorced in 1999, initially had a separation agreement granting joint legal custody with the respondent having primary physical custody. However, due to the respondent's subsequent criminal convictions, probation violation, and incarceration in January 2002, the petitioner gained actual physical custody of the children. The Family Court subsequently awarded sole legal and physical custody to the petitioner, citing several factors including the respondent's incarceration, lack of credibility, failure to address self-destructive behavior, and the stable home environment provided by the petitioner. The appellate court affirmed the Family Court's decision, finding it to be based on a sound and substantial record, and rejected the respondent's contentions regarding joint custody and ineffective assistance of counsel.

Custody ModificationFamily LawBest Interests of the ChildParental FitnessChange in CircumstancesIncarcerationMental Health EvaluationCredibility AssessmentJoint CustodySole Custody
References
11
Case No. MISSING
Regular Panel Decision

Thompson v. Jones

Petitioner appeals an order from the Family Court of Otsego County, entered March 12, 1997, which granted respondent physical custody of their child, found petitioner in willful violation of a prior visitation order, sentenced her to 10 days in jail, and dismissed her family offense petition alleging child sexual abuse. Petitioner argued ineffective assistance of counsel, claiming her assigned attorney sent a substitute, Kelly Eckmair, without notice on the second day of the hearing, and Eckmair failed to call critical witnesses. The Appellate Division disagreed, finding Eckmair was well-prepared, conducted adequate examinations and objections, and that petitioner received reasonably competent and meaningful representation. The Appellate Division affirmed the Family Court's order.

Child CustodyVisitation RightsFamily OffenseSexual Abuse AllegationsIneffective Assistance of CounselAppellate ReviewFamily Court ActLegal RepresentationProcedural Due ProcessWitness Testimony
References
5
Case No. MISSING
Regular Panel Decision

In re the Custody of Rebecca B.

In a child custody proceeding, the court unanimously affirmed orders from the Family Court, New York County. These orders denied the respondent's motion to dismiss, granted the Law Guardian's motion to quash subpoenas, and denied the respondent's motion to disqualify a court-appointed psychiatrist. The court found that Lawyers for Children, Inc., as the child's Law Guardian, had standing to seek a change of custody. It also ruled that communications between the child and the Law Guardian, as well as a hired social worker, were protected by attorney-client privilege or work product immunity, justifying the quashing of subpoenas. Furthermore, the motion to disqualify the psychiatrist was properly denied due to a lack of proof of bias.

Child CustodyLaw Guardian StandingSubpoena QuashalAttorney-Client PrivilegeWork Product DoctrinePsychiatrist DisqualificationFamily Court OrdersAppellate ReviewAffirmed DecisionLegal Representation of Child
References
7
Case No. MISSING
Regular Panel Decision
Aug 10, 2007

Tonisha J. v. Paul P.

This case involves an appeal of a Family Court order concerning child custody in New York County. The initial order, issued by Referee Elizabeth Barnett, denied the petitioner mother's request for permanent custody and granted the respondent father sole legal and physical custody. The appellate court unanimously reversed this decision, concluding that the Referee's findings lacked a sound and substantial basis, particularly in light of the mother's primary role in raising the child and her subsequent efforts to address past misconduct. The court found that the child was well cared for by the mother and that her past poor judgment did not negate her ability to be the custodial parent, especially after she obtained therapeutic assistance. Consequently, the father's petition was denied, the mother's petition was granted, and the matter was remanded for establishing a visitation schedule that serves the child's best interests.

Child CustodyFamily LawParental RightsBest Interests of the ChildCustodial ParentVisitation RightsAppellate ReviewReferee DecisionModification of Custody OrderForensic Social Worker Evaluation
References
1
Case No. MISSING
Regular Panel Decision

Lewis v. Tomeo

The mother initiated proceedings to modify a 2004 Pennsylvania custody order, seeking primary physical custody of her daughter. The Family Court granted the mother's petition and dismissed the father's cross-petition, awarding primary physical custody to the mother, which the father then appealed. The appellate court reviewed whether a change in circumstances warranted modification and if relocation with the mother to North Carolina was in the child's best interests. The court found a sound and substantial basis for the Family Court's decision, citing issues with the father's care and the mother's stable home environment. It also concluded that the father was not denied effective assistance of counsel. The Family Court's order was affirmed.

CustodyParental RelocationChild's Best InterestChange in CircumstancesFamily LawAppellate ReviewParental FitnessEffective Assistance of CounselVisitation RightsNew York Family Court
References
23
Case No. MISSING
Regular Panel Decision

Barnhart v. Coles

This case involves appeals concerning a child custody modification and a denied motion for renewal. The Family Court granted the petitioner's application to modify a prior custody order, transferring sole custody of their son, Joshua, from the respondent to the petitioner. The court found that the respondent engaged in deceit and fabrication to undermine the petitioner's relationship with the child, including falsely alleging abuse. Additionally, the respondent's history of alcohol abuse and the child's negative behavioral changes when contact with the petitioner was curtailed were cited as factors. The appellate court affirmed the Family Court's decision, emphasizing deference to its factual findings and credibility assessments, and upheld the denial of the respondent's claim of ineffective assistance of counsel.

custody disputevisitation rightsparental alienationchild's best interestcredibility assessmentalcohol abuseineffective assistance of counselFamily Court proceedingsappellate reviewcustody modification
References
3
Case No. MISSING
Regular Panel Decision

State ex rel. Dunn v. Catholic Home Bureau

The petitioner, while pregnant and in distress, sought assistance from the Catholic Home Bureau, leading to pressure to surrender her child for adoption. Despite assurances of a 30-day revocation period, the agency failed to adhere to statutory requirements for a valid surrender, including proper acknowledgment and recording. When the petitioner attempted to revoke her consent, the agency refused to return her child, leading to a habeas corpus petition. The Supreme Court erroneously applied a 'best interests of the child' test and awarded custody to prospective adoptive parents. The appellate court reversed, citing the agency's substantial non-compliance with Social Services Law, and affirmed the natural parent's superior right to custody in the absence of clear unfitness or abandonment.

Adoption LawChild CustodyHabeas CorpusParental RightsSocial Services LawStatutory ComplianceRevocation of ConsentDuressAgency MisconductBest Interests Standard
References
11
Case No. MISSING
Regular Panel Decision
Dec 08, 1988

Williams v. Harris

The Family Court in New York County granted a father custody of his daughter, and this order was unanimously affirmed on appeal. The petitioner father, despite a past incarceration, demonstrated a stable environment, maintained employment for three years, and completed parenting classes. In contrast, the mother and maternal grandmother, who had been the primary caretaker, were found to have ongoing drug abuse issues, with the grandmother's claims of sobriety contradicted by her treatment records and admissions of deception to psychologists. The court, prioritizing the child's best interest, awarded custody to the father, noting that the child's preference for the grandmother was not binding given her young age and the grandmother's detrimental lifestyle. The appellate court also found the disclosure of the appellant's medical records necessary and material, and rejected claims of ineffective assistance of counsel.

CustodyFamily LawChild WelfareParental RightsDrug AbuseChild PreferenceAppellate ReviewBest Interest of the ChildJudicial DiscretionAffirmed Order
References
2
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision
Apr 05, 1999

Yetter v. Jones

This case involves cross appeals from a Family Court order concerning child custody following the parties' 1995 divorce. Custody was initially awarded to the petitioner but later, after the petitioner's hospitalization, temporary custody shifted to the respondent. Both parties then petitioned for sole custody, leading the Family Court to award joint custody with the children's primary residence with the respondent. The Appellate Division reversed the joint custody award, determining that the parents' demonstrated bitterness and hostility made cooperative co-parenting impossible and thus joint custody an unworkable solution. Based on the petitioner's recurring mental health challenges, instances of poor judgment in relationships, and an unstable environment, contrasted with the respondent's more stable home life where the children were thriving, the court awarded sole custody to the respondent. The Appellate Division also affirmed the Family Court's discretion in not ordering home studies or additional psychological reports, given the available testimony and information.

custody disputejoint custody reversalsole custody awardparental mental healthchild welfarevisitation rightshostile co-parentsbest interests of childrenappellate reviewFamily Court Act
References
6
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