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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision
May 27, 1998

In re Unborn Child

The petitioner, Legal Aid Society of Suffolk County, successfully moved for summary judgment, asserting that respondent Sierra K.'s unborn child was derivatively neglected. This finding was based on Sierra K.'s history of drug abuse, her failure to comply with prior court orders for rehabilitation, and the termination of parental rights for her four previous children, with a fifth born testing positive for cocaine. The court found that Sierra K.'s continued drug use during her current pregnancy constituted a fundamental defect in her understanding of parental duties, placing the unborn child at substantial risk. The decision affirmed that an unborn child is considered a legal personality under Family Court Act article 10 and is entitled to protection from intentional acts of harm by its mother, rejecting the respondent's arguments against legal personality for the unborn. Consequently, derivative neglect was established, and a dispositional hearing was scheduled.

Unborn child rightsDerivative neglectMaternal drug abuseParental rights terminationFamily Court ActSummary judgmentFetal protectionLegal personality of fetusConstitutional lawPublic policy
References
23
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
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

Dumas v. Agency for Child Development-New York City Head Start

Plaintiff Dumas was discharged from her employment as director of the Head Start program operated by defendants The Children’s Aid Society (CAS) and the Agency for Child Development. She filed a pro se complaint alleging employment discrimination based on race and sex, citing violations of federal statutes and asserting state law claims. Defendants moved to dismiss the complaint, arguing that federal claims were time-barred by the three-year statute of limitations, as the discharge occurred on August 15, 1975, and the action was filed on August 12, 1981. Dumas contended the statute was tolled due to mental disability ("insanity") under New York CPLR § 208, claiming it persisted until August 1978. The court, however, found Dumas's activities, including holding a supervisory job and seeing patients as a therapist, inconsistent with the severe incapacitation required for the insanity toll. Dr. Stephenson's medical report also did not support a finding of continuous incapacitation. Therefore, the court granted the defendants' motions to dismiss the complaint.

Employment DiscriminationStatute of LimitationsMental Disability TollInsanity TollCPLR 208Federal Claims DismissalState Law ClaimsHead Start ProgramRace DiscriminationSex Discrimination
References
7
Case No. MISSING
Regular Panel Decision

In re Frank F.

The mother appealed an order of disposition from the Family Court, Queens County, dated November 14, 2003, which, upon a fact-finding order, found her to have abused and neglected her child and released the child to the father. The appellate court affirmed the order, ruling that the child's out-of-court statements of abuse and neglect were sufficiently corroborated by a social worker's personal observations of the child’s injuries and the child's medical records. The court found no reason to disturb the Family Court's determination of factual issues and issues of credibility, stating that a preponderance of the evidence established the child was abused and neglected by the mother.

child protective serviceschild abusechild neglectcorroborationout-of-court statementsmedical recordssocial worker observationsFamily Court ActappealQueens County
References
9
Case No. MISSING
Regular Panel Decision
May 25, 2000

In re Hadja B.

The Family Court, New York County's order of disposition, entered on May 25, 2000, which placed a child with a petitioner agency for 12 months due to a finding of neglect, was unanimously affirmed. The court found that the respondent inflicted excessive corporal punishment on the child, a finding supported by the child’s sworn, in-camera testimony and prior consistent statements. The testimony described respondent repeatedly hitting the child with various objects, causing injuries. The Family Court's credibility findings were upheld, and the in-camera examination of the child, with respondent's attorney present, was deemed proper given an affidavit indicating the respondent's abuse compromised the child’s ability to testify clearly in their presence.

Child NeglectCorporal PunishmentChild AbuseFamily CourtCredibilityIn-camera TestimonyAgency PlacementChild WelfareExcessive ForceWitness Testimony
References
3
Case No. 2025 NY Slip Op 06564
Regular Panel Decision
Nov 26, 2025

Matter of Raivyn BB. (Courtney BB.)

This case concerns appeals from Family Court orders adjudicating Raivyn BB. a neglected child due to alleged parental drug use by mother Courtney BB. and father Kip AA. The child tested positive for methamphetamines after birth, prompting neglect petitions. The Appellate Division reversed the neglect findings against both parents. The court found that the evidence did not establish a direct causal link between the mother's methamphetamine use and the child's impairment, noting potential withdrawal symptoms from prescribed Subutex. Furthermore, the father's conduct, including hostility or refusal to sign a birth certificate, was not deemed to constitute neglect, and no evidence showed his knowledge of the mother's drug use. Consequently, the petitions were dismissed.

Neglected ChildParental Drug UseChild ToxicologyMethamphetamineSubutexFamily Court Act Article 10Appellate ReviewCausative ConnectionImpairment of ChildMinimum Degree of Care
References
15
Case No. MISSING
Regular Panel Decision

In re Falcon EE.

This case involves an appeal from a Family Court order that adjudicated Falcon EE. as an abused child and Monica UU. as a neglected child by their respondent father/step-father. The initial proceedings stemmed from Falcon EE. sustaining multiple severe injuries, including an oblique femur fracture, head and chest bruises, and vaginal lacerations, which the respondent attributed to an accidental fall. However, medical testimony refuted the accidental cause, indicating sexual abuse and non-accidental trauma, and also noted prior injuries sustained by Falcon while in the respondent's care. The Family Court found Falcon abused by the respondent and Monica derivatively neglected, based on the respondent's conduct towards Falcon creating a substantial risk of harm to any child in his care. The appellate court affirmed the Family Court's determinations, finding sufficient evidence supported the findings of abuse and neglect.

References
8
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
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