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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 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. MISSING
Regular Panel Decision
Oct 12, 1992

In re Jamie C.

This case involves an appeal from a Family Court order in Broome County, which granted a petitioner's application to adjudicate the respondents' children as abused and/or neglected. The Family Court had found the father, James D., sexually and physically abused his daughter Jamie C. and neglected all four children, while the mother, Barbara C., sexually abused Jamie and neglected all four. On appeal, the finding of sexual abuse against the mother was reversed due to insufficient corroborating evidence and Jamie C.'s conflicting sworn testimony. However, the findings of the father's sexual and physical abuse, and both parents' neglect stemming from chronic alcohol abuse and violent behavior, were affirmed based on Jamie's credible testimony and other evidence presented.

Family LawChild AbuseChild NeglectSexual AbusePhysical AbuseAlcohol AbuseCredibility of TestimonyCorroboration of EvidenceAppellate ReviewFamily Court Act
References
1
Case No. MISSING
Regular Panel Decision
Dec 22, 1995

In re Najam M.

The Family Court's dismissal of a child abuse petition, brought by the Commissioner of Social Services and the Law Guardian for Najam M. against her respondent father, was reversed on appeal. The appellate court reinstated the petition and entered a finding of sexual abuse, remanding the case for further proceedings. Expert medical testimony from Dr. Jamie Hoffman Rosenfeld, a child abuse specialist, detailed physical abnormalities in the child consistent with chronic manipulation and sexual abuse, which she affirmed could not be self-inflicted. The child's consistent allegations of abuse by her father, made to multiple individuals, further supported the medical findings. The court determined that the petitioner had established a prima facie case of child abuse, which the parents' explanation failed to rebut.

Child AbuseSexual AbuseFamily CourtAppellate ReversalExpert Medical TestimonyHymenal InjuryPrima Facie CaseBurden of ProofChild InterviewParental Explanation Rebuttal
References
8
Case No. MISSING
Regular Panel Decision

In re Vincent I.

Petitioner initiated a Family Court Act article 10 proceeding in May 1991, alleging respondent sexually abused his son, Vincent, and abused/neglected his stepchildren, Benjamin and Bradford. Family Court found respondent sexually abused Vincent, relying on Vincent's out-of-court statements corroborated by expert validation testimony from Carol George. George, along with child protective worker Paula Herman, refuted claims of coaching, testifying that Vincent's behaviors were consistent with child sexual abuse syndrome. Following findings, Family Court ordered respondent's supervision, a mental health evaluation, and counseling; respondent subsequently appealed. The appellate court affirmed the Family Court's order, concluding that the findings of abuse and neglect were supported by a preponderance of the evidence.

child abusesexual abusechild neglectFamily CourtTompkins Countycorroborationexpert testimonyout-of-court statementspsychological evaluationjudicial discretion
References
4
Case No. 2007 NY Slip Op 27390
Regular Panel Decision
Sep 04, 2007

Matter of A. J.

The Administration for Children's Services (ACS) filed a petition alleging that four-year-old T.J. sustained multiple injuries, including a second-degree burn, while in the care of her biological parents, Toni N. and Tyrell J. The parents had previously been found to have abused T.J. The court found the parents' explanations for the injuries incredible and inconsistent with medical testimony from Dr. Philip Hyden, an expert in pediatrics and child abuse. The court entered findings of abuse against both parents for T.J. under Family Court Act § 1012 (e) (i) and derivative abuse findings for her siblings, J.W., J.N., A.J., A.N., and T.S., under Family Court Act § 1012 (e) (ii). Furthermore, the court determined that T.J. was "repeatedly abused" as defined by Social Services Law § 384-b (8) (b) due to the prior abuse findings and the unsuccessful efforts to rehabilitate the parents. However, derivative findings of repeated abuse were not made for the siblings.

Child AbuseRepeated AbuseDerivative AbuseFoster CareParental RightsFamily Court ActSocial Services LawPhysical InjuryMedical ExpertChild Protection Unit
References
10
Case No. 2023 NY Slip Op 01897 [215 AD3d 751]
Regular Panel Decision
Apr 12, 2023

Matter of Podell v. New York State Cent. Register of Child Abuse & Maltreatment

The petitioner, Kate Podell, sought to challenge an "indicated" report of child maltreatment filed against her with the New York State Central Register of Child Abuse and Maltreatment. The report alleged that while working at a day care, Podell left a 22-month-old child unsupervised on a playground. After the New York State Office of Children and Family Services (OCFS) denied her application to amend and seal the report, Podell initiated a CPLR article 78 proceeding. The Supreme Court transferred the case to the Appellate Division, Second Department, for review. The Appellate Division ultimately confirmed OCFS's determination, concluding that it was supported by substantial evidence in the record.

Child MaltreatmentChild AbuseCentral RegisterFair HearingAdministrative ReviewSubstantial EvidencePreponderance of EvidenceDay Care WorkerUnsupervised ChildAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

In re Dara R.

In a child abuse proceeding initiated by the Commissioner of Social Services, the petitioner appealed an order from the Family Court, Richmond County, which dismissed the petition and vacated a temporary order of protection against the respondent. The child, aged seven, testified about alleged abuse by her father, supported by a pediatrician's findings of vaginal scars and testimonies from a psychologist and social workers. The respondent denied the allegations, asserting fabrication by the child's mother and presenting corroborating family testimony. The appellate court reversed the Family Court's decision, reinstated the temporary order of protection, and remitted the case for a new fact-finding hearing. This further hearing is to include examinations of the child by court-appointed physicians and psychiatrists, acknowledging sufficient evidence of abuse while not conclusively identifying the respondent as the perpetrator.

Child abuseFamily Court Act Article 10Temporary order of protectionFact-finding hearingAppellate reviewRemandChild testimonyMedical examinationPsychological evaluationVisitation dispute
References
0
Case No. MISSING
Regular Panel Decision

In re Miranda UU.

This case concerns an appeal from a Family Court order in Tioga County which dismissed a petition to declare Miranda UU., a child, abused by her stepfather (the respondent). Miranda alleged sexual abuse by the respondent, stating he digitally penetrated her and exposed himself. The case was complicated by Miranda having been previously sexually molested by her half-brother. During the initial hearing, Miranda's statements were presented through her mother, a caseworker, and a therapist, supported by validation evidence. The respondent denied the allegations, and his stepdaughter contradicted Miranda's claim of observing other abuse. Two clinical psychologists also testified against the abuse claims. The Family Court found that the petitioner failed to establish abuse by a fair preponderance of the evidence, citing a lack of physical evidence, the impact of prior abuse on behavioral symptoms, doubts about Miranda's credibility, and conflicting expert opinions. The appellate court affirmed the Family Court's decision, emphasizing that the lower court's credibility determinations and weighing of evidence were entitled to deference.

Child AbuseSexual AbuseFamily Court Act Article 10Credibility AssessmentAppellate ReviewEvidentiary StandardsPreponderance of EvidenceMedical Examination FindingsExpert Witness TestimonyValidation Evidence
References
2
Case No. MISSING
Regular Panel Decision
Oct 08, 1998

In re Kaitlyn R.

The petitioner initiated proceedings under Family Court Act article 10, alleging that Michael S. was an abused and neglected child due to his mother, the respondent, engaging in sexual conduct with him. The petition also claimed Michael's three siblings were derivatively neglected. During the fact-finding hearing, a caseworker and a social worker (REACH Coordinator) provided testimony. Despite Michael's inconsistent statements and a retraction, his behavior, including encopresis, was deemed consistent with sexual abuse by the expert. The Family Court found Michael to be an abused child based on sodomy by the respondent and the other children derivatively neglected. The Appellate Division affirmed the Family Court's findings, concluding that Michael's out-of-court statements were sufficiently corroborated by expert validation testimony and other evidence of his behavior, upholding the determination of abuse and derivative neglect.

Child AbuseChild NeglectDerivative NeglectFamily Court ActExpert TestimonyCorroboration of Child StatementsSexual Abuse AllegationsAppellate ReviewCredibility AssessmentChild Protective Services
References
13
Case No. 2016 NY Slip Op 02734 [138 AD3d 488]
Regular Panel Decision
Apr 12, 2016

Matter of Lesli R. (Luis R.)

The Family Court's order of disposition, which found that the respondent sexually abused his stepdaughters and derivatively abused his five biological children, was unanimously affirmed. The record supported the court's determination that the respondent was legally responsible for the children and that there was a preponderance of evidence of sexual abuse. The stepdaughters' out-of-court statements were sufficiently corroborated by the respondent's own statements. The court also found that the respondent derivatively abused his own children and properly exercised its discretion in quashing a subpoena to compel one of the stepdaughters to testify due to potential psychological harm.

Child AbuseSexual AbuseDerivative AbuseFamily Court ActAppellate ReviewPreponderance of EvidenceOut-of-court StatementsCorroborationParental ObligationsSubpoena Quash
References
11
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