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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 08114
Regular Panel Decision
Dec 01, 2016

Matter of Kent D. (Rachel D.)

Petitioner Kent D. appealed an order from Family Court, New York County, which denied his motion for a forensic evaluation and granted the cross motion to dismiss his petition for visitation with his child. The background reveals that in February 2008, Kent D. stabbed Rachel D., the mother, seven times in front of their child, leading to his conviction for assault and child endangerment and an 11-year prison sentence. A 19-year order of protection was issued, prohibiting contact with the child. The Family Court had previously awarded custody to the mother, and a 2012 divorce judgment affirmed no visitation rights for Kent D. The Appellate Division affirmed the Family Court's decision, finding that Kent D. failed to make an evidentiary showing of changed circumstances required for a visitation hearing, and his claims of completing an anger management program were unsubstantiated. The court also noted the child's continuing symptoms of post-traumatic stress disorder and desire not to see him.

Visitation RightsChild CustodyOrder of ProtectionDomestic ViolenceAssault ConvictionChanged CircumstancesForensic EvaluationAppellate ReviewFamily LawPost-Traumatic Stress Disorder
References
2
Case No. MISSING
Regular Panel Decision
Nov 25, 1986

In re Moises D.

This appeal arises from an amended order of the Family Court, Kings County, which dismissed petitions alleging that Moisés D. and Noami D. were neglected children. The appellate court reversed the lower court's decision, adjudicating Moisés D. and Noami D. as neglected children and remitting the matter for a dispositional hearing. The evidence detailed the father's history of paranoid schizophrenia and past instances of severe abuse and neglect towards his other children, including physical violence and a dangerous incident with an autistic son. The mother was found to have failed to protect the children and demonstrated a faulty understanding of parental duties, leading the court to conclude a substantial risk of harm to Moisés D. and Noami D. without supervision. The decision emphasized the necessity of a dispositional hearing to determine the children's well-being and maintain family integrity.

Child NeglectFamily Court ActParental RightsMental IllnessParanoid SchizophreniaChild AbuseAppellate ReviewDispositional HearingRisk AssessmentParental Fitness
References
4
Case No. MISSING
Regular Panel Decision
Jul 11, 2003

In re Daquan D.

The case involves the affirmation of Family Court orders that terminated the parental rights of a respondent mother to her four children (Daquan D., Dominique H., Jamel C., and David H.) and committed their custody and guardianship to a petitioner for adoption. The court found permanent neglect, citing the child care agency's diligent efforts to support the parental relationship which were frustrated by the respondent's lack of cooperation, including her failure to sustain participation in programs and her prolonged incarceration. The record supported the finding that the agency made diligent efforts despite the respondent's non-cooperation. Furthermore, the disposition to free the children for adoption was deemed in their best interests, supported by a preponderance of the evidence. This decision was based on the respondent's extensive incarceration and continuous failure to assume parental responsibilities, ultimately offering the children a chance for a stable familial environment.

Termination of Parental RightsPermanent NeglectBest Interests of ChildFoster CareAdoptionParental CooperationDiligent EffortsIncarcerationFamily LawChild Welfare
References
3
Case No. 2020 NY Slip Op 00935 [180 AD3d 1331]
Regular Panel Decision
Feb 07, 2020

Matter of Emma D. (Kelly v. D.)

This case involves two appeals concerning Emma D. In Appeal No. 1, the Ontario County Department of Social Services (DSS) initiated a neglect proceeding against the mother, Kelly V.(D.). The mother's motion to change venue to Monroe County was denied due to her refusal to provide her actual residence. In Appeal No. 2, the grandmother, Margarita D., commenced a custody proceeding against the mother. Custody was granted to the grandmother, supported by findings of extraordinary circumstances including the mother's neglect, unstable living situation, mental health issues, and failure to address the child's special needs. The Appellate Division, Fourth Department, unanimously affirmed both orders, including the supervised visitation arrangement between the mother and grandmother.

Child NeglectCustody DisputeFamily Court ActVenue ChangeExtraordinary CircumstancesSupervised VisitationParental RightsChild WelfareAppellate ReviewParental Fitness
References
9
Case No. MISSING
Regular Panel Decision

A.D. v. Board of Education of the City School District

Plaintiffs A.D. and M.D., on behalf of their minor child E.D., brought an action under the IDEA to review a State Review Officer's (SRO) decision. The SRO had reversed an Impartial Hearing Officer's (IHO) award of tuition reimbursement for E.D.'s attendance at the private Rebecca School, despite agreeing that the New York City Department of Education (DOE) failed to provide a Free Appropriate Public Education (FAPE). The District Court reversed the SRO's finding that Rebecca School was an inappropriate placement, concluding that the school's individualized program was designed to meet E.D.'s unique needs. Consequently, the Court ordered the DOE to reimburse tuition for July 2007 through June 2008, totaling $62,590, but denied reimbursement for July and August 2008 due to unexhausted administrative remedies. The Court also granted defendants' motion to strike certain evidentiary materials submitted by plaintiffs.

Individuals with Disabilities Education ActIDEAFree Appropriate Public EducationFAPETuition ReimbursementPrivate School PlacementSpecial EducationAutism Spectrum DisorderImpartial Hearing OfficerState Review Officer
References
31
Case No. MISSING
Regular Panel Decision

Claim of Moysello v. David

The claimant, a taxicab driver for David’s Taxi and David Enterprises, was injured in a motor vehicle accident in January 2007. An investigation by the Workers’ Compensation Board determined that Charles David and David Enterprises were the uninsured "true owners" and employers. A workers’ compensation law judge found them to be employers and uninsured, a decision affirmed by the Board, which found they met the presumptive definition of employer under Workers’ Compensation Law § 2 (former [3]) and had proper jurisdiction. The appellate court affirmed the Board’s decision, concluding it was supported by substantial evidence and that proper notice of the hearing was received despite competing address claims.

Motor Vehicle AccidentTaxicab DriverEmployer DefinitionUninsured EmployerWorkers' Compensation LawNotice of HearingBoard ReviewAppellate DecisionSubstantial EvidenceCorporate Ownership
References
1
Case No. NN-5890-05/06A
Regular Panel Decision

In re D.A.

The Onondaga County Department of Social Services petitioned to modify a dispositional order for child D.A., seeking placement with a maternal aunt, T.S., instead of the foster parent, D.L. Concurrently, D.L. and T.S. filed custody petitions. The court consolidated the matters, hearing extensive testimony regarding D.A.'s bond with D.L., Ms. S.'s inconsistent visitation, and the parents' neglect history. The court denied the County's modification application, finding no good cause and emphasizing D.A.'s strong bond and stability with D.L. It further directed the County to initiate proceedings for the termination of parental rights and dismissed both D.L.'s and T.S.'s custody petitions due to lack of standing.

Child NeglectFoster CareChild CustodyParental Rights TerminationFamily Court ActDispositional Order ModificationBest Interests of the ChildPermanency PlanningKinship PlacementOnondaga County
References
6
Case No. NN-5890-05/06A
Regular Panel Decision
Oct 12, 2007

Matter of D.A.

This case concerns D.A., a child born cocaine positive and adjudicated neglected, who has been in foster care with D.L. since birth. The Onondaga County Department of Social Services petitioned to modify a dispositional order, seeking to place D.A. with her maternal aunt, T.S., while D.L. and T.S. also filed separate custody petitions. The court denied the County's application to modify placement, concluding that removing D.A. from D.L., with whom she had formed a strong bond, would cause severe distress and was not in the child's best interests. Consequently, D.A.'s placement with the Onondaga County Commissioner of Social Services in foster care with D.L. was continued. Furthermore, the court directed the County to file a petition for the termination of the biological parents' parental rights due to the child's extended time in foster care, and dismissed both custody petitions for lack of standing.

Child NeglectChild CustodyFoster CareParental Rights TerminationFamily Court Act Article 10Modification of Dispositional OrderBest Interests of ChildPermanency PlanningInterstate Compact on the Placement of ChildrenLaw Guardian
References
6
Case No. MISSING
Regular Panel Decision

In re Zackery D.

Petitioner initiated a neglect proceeding against Tosha E. (mother), Lindon D. (father), and Stephen F. (mother's boyfriend) for failing to provide adequate care and exposing children Zackery D. and Hunter D. to known sex offenders. The Family Court found neglect by the mother and father but dismissed the petition against the boyfriend, ordering the children to remain in petitioner's custody with an order of protection. The mother appealed the Family Court's July 2013 order. The appellate court affirmed the findings of neglect, concluding that the petitioner successfully demonstrated, through caseworker testimony and evidence of unsanitary conditions and exposure to sex offenders, that the mother failed to exercise a minimum degree of care, leading to impairment or imminent danger of impairment to the children.

NeglectChild CustodyFamily LawChild ProtectionParental RightsAppellate ReviewPreponderance of EvidenceUnsanitary ConditionsChild Sexual AbuseOrders of Protection
References
6
Case No. MISSING
Regular Panel Decision
Jan 22, 2010

Morris v. David Lerner Associates

Dora Morris sued her former employer, David Lerner Associates (DLA), and its President, David Lerner, for employment discrimination. She alleged gender discrimination due to unequal pay and a hostile work environment, claiming she was paid less than male counterparts and subjected to inappropriate comments and actions by Lerner. Morris also alleged retaliatory termination after complaining about the pay disparity. Defendants moved to dismiss parts of the complaint, arguing failure to exhaust administrative remedies and failure to state a claim. The Court denied the defendants' motion, finding that Morris's hostile work environment and retaliatory termination claims were reasonably related to her EEOC charge and were adequately pled under legal standards.

Employment DiscriminationGender DiscriminationHostile Work EnvironmentRetaliationMotion to DismissEEOC ExhaustionPleading StandardTitle VIINew York State Human Rights LawDisparate Treatment
References
56
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