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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
Oct 30, 2018

Matter of Bobbi B. (Bobby B.)

This case concerns an appeal by Bobby B., the father, against an order from the Family Court, Bronx County. The Family Court found the father neglected his child, Bobbi B., by engaging in domestic violence in her presence. The court's finding was based on the testimony of a shelter worker who witnessed the father assaulting the mother while she held their one-month-old child. The Appellate Division affirmed the Family Court's decision, stating that there was no basis to overturn the credibility determinations. The court reiterated that even a single instance of domestic violence can be sufficient for a finding of neglect and properly discredited the father's denial of a domestic violence history due to a prior assault conviction and an existing order of protection.

Child neglectDomestic violenceFamily CourtAppellate DivisionCredibility determinationOrder of protectionChild endangermentThird-degree assaultInfant protectionParental neglect
References
4
Case No. 10-10-00440-CV
Regular Panel Decision
Jul 20, 2011

in the Interest of L.D.E. and C.E., Children

This case involves Robert's appeal against an order terminating his parental rights to his children, L.D.E. and C.E. The Texas Department of Family and Protective Services initiated the termination suit due to allegations of domestic violence and drug/alcohol abuse by Robert and the children's mother, Lucy. The children were removed from their parents' care multiple times after failed monitored returns, which were disrupted by further incidents of family violence witnessed by the children. The appellate court affirmed the trial court's decision, finding that it had proper jurisdiction and that there was legally and factually sufficient evidence to support the finding that termination was in the best interest of the children, citing factors such as domestic violence, substance abuse, Robert's criminal history and parole violations, and the detrimental impact on the children's development.

Domestic ViolenceChild WelfareParental Rights TerminationBest Interest of ChildSufficiency of EvidenceJurisdictionFamily LawTexasChild NeglectSubstance Abuse
References
20
Case No. MISSING
Regular Panel Decision

Wissink v. Wissink

This appeal concerns a contentious custody dispute over Andrea, a teenaged girl who strongly prefers to live with her father. Despite the father's documented history of domestic violence against the mother, the Family Court initially awarded him custody. The appellate court, through S. Miller, J., reversed this decision, criticizing the Family Court for failing to order comprehensive psychological evaluations. The court highlighted the necessity of a thorough assessment, especially given Andrea's preference for the abuser and her denial of the witnessed domestic violence. The case was remitted to the Family Court, Orange County, for a new custody hearing following an in-depth forensic examination, with temporary custody remaining with the father.

Custody DisputeDomestic ViolenceChild PreferencePsychological EvaluationBest Interest of the ChildAppellate ReviewFamily LawChild SupportRemittalParental Fitness
References
2
Case No. 884/15
Regular Panel Decision
Mar 03, 2025

People v. K.D.

K.D., convicted of Murder in the Second Degree and originally sentenced to 18 years to life, sought resentencing under the Domestic Violence Survivors Justice Act (DVSJA). The court found that K.D. was a victim of substantial domestic violence by the decedent, Norberto Valentin Cruz, which significantly contributed to her criminal behavior, and that her original sentence was unduly harsh. Despite the severity of the crime and the victim's family's anguish, the court considered K.D.'s remorse, rehabilitation efforts, lack of prior criminal history, and strong family support. Balancing these factors, the court vacated the original sentence and ordered a resentencing of 11 years imprisonment followed by 5 years of post-release supervision.

Domestic Violence Survivors Justice ActDVSJAResentencingMurder Second DegreeDomestic Violence VictimCriminal Procedure Law 440.47Penal Law 60.12Judicial DecisionRehabilitation EffortsMitigation Factors
References
22
Case No. Index No. 453039/23; Appeal No. 5630; Case No. 2024-04963
Regular Panel Decision
Feb 17, 2026

Matter of Brittany W. v. Miles-Gustave

The Appellate Division, First Department, confirmed the determination of the New York State Office of Children and Family Services (OCFS) which denied Brittany W.'s request to amend and seal an indicated report of child maltreatment. The court found substantial evidence to support OCFS's conclusion that Ms. W. maltreated her infant child by exposing her to imminent risk of harm during a domestic violence incident with the child's abusive father. The decision highlighted Ms. W.'s actions of removing her child from a safe environment and taking her to meet the abuser despite an existing order of protection. A dissenting opinion argued against the finding of substantial evidence, particularly regarding the child's direct involvement during the assault, and criticized the majority for not adequately considering Ms. W.'s history as a domestic violence survivor and the psychological impact of abuse consistent with the Nicholson v Scoppetta standard.

Child MaltreatmentDomestic ViolenceSubstantial Evidence ReviewCPLR Article 78 ProceedingAppellate DivisionOffice of Children and Family Services (OCFS)Order of ProtectionMinimum Degree of CareNicholson v Scoppetta StandardHearsay Admissibility in Administrative Hearings
References
22
Case No. MISSING
Regular Panel Decision

In re Willard L.

Respondent's two children were removed from his care in 2002 due to incidents of domestic violence, drug use, and violations of protection orders. The petitioner subsequently initiated a proceeding to adjudicate the children as permanently neglected and to terminate respondent's parental rights, which the Family Court granted. On appeal, the court found that the petitioner made diligent efforts to strengthen the parental relationship by offering numerous counseling and treatment opportunities and arranging supervised visitation. However, the respondent failed to plan for his children's future by not correcting the conditions that led to their removal and not benefiting from the services provided due to his unwillingness to change. Considering the history of domestic violence, multiple violations of protection orders, respondent's admitted cocaine possession, arrests, and incarceration, alongside the children's successful placement in foster homes with potential for adoption, the court concluded that terminating respondent's parental rights was in the children's best interests. The order was affirmed.

Parental Rights TerminationPermanent NeglectDomestic ViolenceDrug AbuseOrders of ProtectionChild WelfareFamily Reunification EffortsBest Interests of the ChildAppellate ReviewSocial Services Law
References
13
Case No. MISSING
Regular Panel Decision

Castillo v. Schriro

Petitioner Castillo, a correction officer and domestic violence victim, challenged her employment termination by the New York City Department of Correction via an Article 78 proceeding. The court found that the respondents acted in bad faith and discriminated against her based on a temporary disability and her status as a domestic violence victim, violating the New York City Human Rights Law. Respondents failed to provide reasonable accommodations or follow internal policies for domestic violence victims. The petition was granted, her termination annulled, and she was ordered reinstated with back pay and benefits, with the case remanded for a lesser penalty.

Domestic ViolenceEmployment DiscriminationDisability DiscriminationProbationary EmployeeArticle 78 ProceedingReasonable AccommodationBad FaithNew York City Human Rights LawAWOLTermination
References
30
Case No. Docket No. V-20843-4/02
Regular Panel Decision
Feb 27, 2004

Hector G. v. Josefina P.

This case addresses a child custody dispute between a mother and father involving the application of New York's Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The mother brought her twin sons from the Dominican Republic to the United States after the father obtained a default custody order there. Allegations of extensive domestic violence against the mother and children by the father were subsequently raised in New York's Integrated Domestic Violence Court. The New York court assumed temporary emergency jurisdiction, contacted the Dominican court, which then declined to retain jurisdiction. Based on the significant connections of the mother and children to New York, the availability of substantial evidence, and domestic violence concerns, the court assumed full modification jurisdiction over the Dominican custody order, concluding that New York is the more convenient forum.

UCCJEAInternational Custody DisputeDomestic Violence AllegationsTemporary Emergency JurisdictionModification JurisdictionInconvenient Forum AnalysisDominican Republic Custody OrderHome State JurisdictionParental KidnappingChild Relocation
References
6
Case No. MISSING
Regular Panel Decision

Benzon v. Sosa

This case concerns an appeal from a Family Court order that granted a maternal grandmother custody of her two grandchildren following their mother's death. The biological father had a documented history of domestic violence, substance abuse, and exposed the children to a turbulent environment. Medical evaluations indicated the father suffered from an alcohol-induced mood disorder, while a social worker noted the eldest child exhibited behaviors consistent with exposure to chronic family violence and potential abuse. The appellate court affirmed the lower court's finding of extraordinary circumstances and concluded that awarding custody to the grandmother was in the children's best interest, citing her commitment to their emotional needs.

CustodyChild CustodyFamily LawDomestic ViolenceSubstance AbuseParental FitnessExtraordinary CircumstancesBest Interest of the ChildGrandparent CustodyAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
Dec 18, 2002

In re Roy R.

The Family Court found the respondent (mother) guilty of neglect due to her repeated attempts to allow the father, who had a history of drug abuse and domestic violence, to return to the family home. The respondent knew or should have known of the father's drug use within the home, leading to two of the three children witnessing drug use, having access to drugs, and on one occasion, ingesting them. The finding of neglect was supported by a preponderance of evidence, including the children's cross-corroborated statements to a social worker, the respondent's statements about the father's drug addiction, and the father's documented history of drug abuse. The orders of disposition, which released the children to the respondent’s custody under the supervision of the Administration for Children’s Services for 12 months, were unanimously affirmed.

NeglectDrug AbuseDomestic ViolenceChild WelfareFamily CourtParental NeglectChild CustodyEvidenceCorroborationAppellate Decision
References
1
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