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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
Jun 27, 2011

In re Princess Ashley C.

The Family Court's finding of neglect against the mother was unanimously affirmed. The court found that the mother's severe and long-standing mental illness, including major depression, anxiety, and trichotillomania, along with her noncompliance with treatment, put her children in imminent danger. This condition led to actual impairment, causing her inability to provide adequate supervision, resulting in excessive school absences and insufficient food for the children. The court properly denied the mother's request to assign an independent social worker to interview the children, as their stance on having no contact with her remained unaltered through previous interviews. Finally, the court's decision to consolidate the custody and dispositional hearing and award custody to the paternal aunt, Carol E., was upheld, as it was in the best interests of the children.

NeglectCustodyMental IllnessParental RightsFamily LawChild WelfareParental FitnessAppellate ReviewFamily Court ActBest Interests of Child
References
9
Case No. MISSING
Regular Panel Decision

In re Monique M.

The mother appealed a fact-finding order that found she abused her child Sonique M. and derivatively abused Monique M., Treston D., and Daymondray T., and two dispositional orders. The evidence showed the mother allowed her boyfriend, against whom an order of protection was issued, back into her home, where he sexually abused Sonique M., and the mother failed to intervene. However, the Family Court erred by issuing the dispositional orders without first conducting a mandatory dispositional hearing, which violated due process. The appellate court reversed the orders of disposition and remitted the matter to the Family Court, Kings County, for a dispositional hearing before a different judge due to concerns about the original judge's impartiality.

Child AbuseDerivative AbuseDispositional HearingFamily Court Act Article 10Parental JudgmentOrder of Protection ViolationSexual AbuseJudicial ImpartialityDue ProcessRemittitur
References
11
Case No. MISSING
Regular Panel Decision
Oct 26, 2009

In re Moona C.

An order of disposition from the Family Court, New York County, entered on October 26, 2009, was unanimously affirmed on appeal. This order brought up for review a fact-finding order from May 1, 2009, which determined that the respondent mother neglected her children. The appeal from the fact-finding order was dismissed as it was subsumed by the appeal from the dispositional order. The court also noted that the respondent's challenge to an interim visitation suspension was moot and not properly before the court. Furthermore, the Family Court's decision to permit one of the children, Robina C., to testify in camera was upheld, as it appropriately balanced the respondent's due process rights with the child's emotional well-being by allowing contemporaneous cross-examination by counsel. The affidavit of the social worker supporting the in camera testimony was found sufficient despite challenges to her expertise.

Family LawChild NeglectParental RightsIn Camera TestimonyDue ProcessVisitation RightsAppellate ReviewFact-FindingDispositional OrderMootness
References
4
Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

Shane Guest vs. Barrett Business Services

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
Case No. MISSING
Regular Panel Decision

In re Josephine G.

The father appealed a Family Court dispositional order from Kings County, dated July 31, 1992, which found he sexually abused his children, Josephine G. and Glenn G., Jr., placed them in the custody of the Commissioner of Social Services, and denied him visitation. The appeal also brought up for review the fact-finding order dated May 4, 1992, which made the abuse finding. The Appellate Division affirmed the dispositional order, concluding that the Family Court's determination of sexual abuse was supported by a preponderance of the evidence, bolstered by the children's out-of-court statements corroborated by the daughter's use of dolls. The court found the appellant failed to present satisfactory evidence to rebut the petitioner's case, deferring to the hearing court's credibility findings. Finally, the court deemed the father's remaining contentions regarding the dispositional order academic, as the children's placement had expired, and they had been returned to their mother's custody.

Child Protective ServicesSexual AbuseChild CustodyFamily Court Act Article 10Corroboration of Child StatementsPreponderance of EvidenceCredibility FindingsAppellate ReviewAcademic ContentionsVisitation Rights
References
5
Case No. MISSING
Regular Panel Decision
Dec 30, 1998

In re Jennifer V.

The New York County Family Court's order of disposition, which placed a child in a protective agency's custody for 12 months due to a finding of neglect, was unanimously affirmed on appeal. The finding of neglect was supported by a preponderance of evidence, demonstrating the infliction of excessive corporal punishment against the child and acts of violence against the child's mother in the child's presence. The appellate court found the evidence sufficiently corroborated and rejected the argument that the lack of eyewitness testimony for corporal punishment warranted reversal, emphasizing the respondent's violent tendencies posed an imminent danger to the child. Furthermore, the disposition was justified by a psychiatric report on the respondent and social worker testimony, which indicated the respondent's profound indifference to the effects of his behavior on the child, thus warranting the transfer of custody and a mandate for psychiatric counseling to address his violent tendencies and improve his parental suitability.

Child NeglectCorporal PunishmentDomestic ViolenceChild CustodyParental FitnessPsychiatric CounselingFamily Court ActAppellate ReviewEvidence SufficiencyImminent Danger
References
5
Case No. MISSING
Regular Panel Decision
May 27, 1994

In re the Guardianship & Custody of Angela Marie N.

This case concerns an appeal from an order of disposition in Family Court, New York County, which terminated a respondent's parental rights. The termination was based on a finding of mental illness, supported by extensive unrefuted evidence including the respondent's chronic degenerating mental condition, frequent hospitalizations, and failure to adhere to any treatment plan. A court-appointed psychiatrist concluded there was no possibility of improvement in the foreseeable future, confirming the respondent's inability to provide adequate care for her children. The appellate court unanimously affirmed the order, finding clear and convincing evidence for the termination and that the disposition, committing guardianship to the petitioner, was in the children's best interests. Furthermore, the court found no ineffective assistance of counsel, stating that strategic decisions should not be reevaluated with hindsight.

Parental Rights TerminationMental IllnessChild WelfareGuardianshipIneffective Assistance of CounselAppellate ReviewFamily LawBest Interests of the ChildSocial Services Law
References
7
Case No. MISSING
Regular Panel Decision

United States v. Visa U.S.A. Inc.

This civil action, brought by the Antitrust Division of the Department of Justice against Visa and MasterCard, alleged violations of Section 1 of the Sherman Antitrust Act concerning governance and exclusionary rules. Following an earlier decision finding exclusionary rules anti-competitive, this Opinion addresses various proposed modifications to the court's Proposed Final Judgment. The court rejected anti-discrimination provisions and the exclusion of corporate and small business cards from the remedy. It clarified provisions regarding dual issuance of debit cards, the liability of Visa International, and modified the rescission period for agreements. Additionally, the court specified that MasterCard's Competitive Programs Policy repeal applies only to issuers. The Final Judgment is set to expire in ten years.

Antitrust LawSherman ActCredit Card NetworksDebit Card ExclusivityFinal Judgment ModificationMarket CompetitionExclusionary PracticesFinancial ServicesCorporate CardsSmall Business Cards
References
4
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

Batthany v. Scully

This CPLR article 78 proceeding was brought by petitioner Everett Batthany, an inmate, to annul a Superintendent’s hearing disposition from February 17, 1987. Batthany was found guilty of attempted escape despite claiming mental incapacity. The Hearing Officer, Captain Carol Reynolds, based her decision on off-the-record conversations with psychiatric staff, which Batthany argued violated his due process rights. The Commissioner of Correctional Services had previously reduced Batthany's punishment. The court found that Batthany’s right to confront evidence was violated by the reliance on off-the-record information. Consequently, the court annulled the original disposition, ordered all related records expunged, and directed a rehearing where Batthany should be permitted to interpose the affirmative defense of not responsible by reason of mental disease or defect.

Inmate RightsDue ProcessSuperintendent's HearingMental Health DefenseAttempted EscapeOff-the-Record EvidencePrison DisciplineCPLR Article 78AnnulmentRehearing
References
6
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