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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

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. MISSING
Regular Panel Decision

Supak v. Zboril

This case involves an appeal concerning the implied dedication of a strip of rural land for public use as a road and the award of attorneys' fees. Landowners Lydia Supak and the Estate of Eugene Kubena challenged a jury's finding of implied dedication and the trial court's order for them to pay attorneys' fees to Burleson County and the Zborils. The appellate court affirmed the finding of implied dedication and the attorneys' fee award against Supak. However, it vacated the judgment imposing attorneys' fees liability against the Estate of Eugene Kubena and the conveyance of property belonging to the Estate of Eugene Kubena, citing the trial court's lack of jurisdiction over the estate's proper representatives or heirs. The court found that the trial court did not have jurisdiction over Eugene Kubena's estate for these parts of the judgment.

Implied DedicationPublic RoadsEasement by PrescriptionLand Use DisputeAttorneys' Fees AwardJurisdiction IssuesEstate LawAppellate ProcedureFactual Sufficiency of EvidenceLegal Sufficiency of Evidence
References
26
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

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
Case No. MISSING
Regular Panel Decision
Feb 09, 2004

Claim of Pache v. Aviation Volunteer Fire Co.

The Workers’ Compensation Board granted benefits to the widow of a fire chief who died of a heart attack, finding an implied contract of coverage under Volunteer Firefighters’ Benefit Law § 30 (2) between Aviation Volunteer Fire Company and the City of New York. The City appealed, contending there was no evidence of FDNY Commissioner approval for such a contract and insufficient proof of its formation. The court affirmed the Board’s decision, holding that the City Charter provisions did not exclusively assign contracting authority to the Commissioner and that substantial evidence supported the Board's finding of an implied-in-fact contract, partly due to the City's failure to produce a knowledgeable employee. The court declined to consider a new argument regarding General City Law § 16-a.

Implied contractVolunteer Firefighters’ Benefit LawWorkers' Compensation BoardMunicipal liabilityFatal heart attackAppellate reviewStatutory interpretationCity CharterFire DepartmentContract formation
References
12
Case No. MISSING
Regular Panel Decision

I.G. Second Generation Partners, L.P. v. Reade

This case concerns an appeal from multiple orders of the Supreme Court, New York County, presided over by Justice Alice Schlesinger. The appellate court unanimously affirmed the dismissal of plaintiffs' claims for malicious prosecution, abuse of process, tortious interference with contract, and breach of implied contract. The court found that the malicious prosecution claim lacked probable cause, emphasizing that a prior judgment against the plaintiffs created a presumption of probable cause not overcome by subsequent reversal. The abuse of process claim failed as there was no indication of perverted use of process for a collateral advantage. Furthermore, the tortious interference claim was barred by the Noerr-Pennington doctrine, and proposed amendments for implied contract theories were properly denied due to a lack of meeting of the minds and absence of unjust enrichment.

malicious prosecutionabuse of processtortious interference with contractbreach of implied contractNoerr-Pennington doctrineprobable causeamendment of complaintunjust enrichmentaffirmationappellate review
References
17
Case No. MISSING
Regular Panel Decision
Apr 20, 2004

In re Whitney H.

In three child protective proceedings, the mother appealed disposition orders from the Family Court, Queens County. The court had found she neglected her children, placing Whitney H. and Brittany J. with the Administration for Children's Services and Royesha B. with her biological father. The appeals concerning Whitney H. and Brittany J.'s placement were dismissed as academic because the placement period had expired. However, the orders of disposition regarding Whitney H. and Brittany J. were affirmed insofar as reviewed, and the order for Royesha B. was fully affirmed. The court found that the petitioner established prima facie evidence of neglect due to the mother's alcohol abuse, citing an incident where she struck Brittany J. and locked Whitney H. outside.

Child NeglectAlcohol AbuseFamily Court Act Article 10Custody PlacementPrima Facie EvidenceNegative InferenceAppellate ReviewExpired PlacementFact-Finding OrderDisposition Order
References
5
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