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

Case No. 2021 NY Slip Op 04274
Regular Panel Decision
Jul 08, 2021

Matter of J.D. (S.A.--M.A.)

The Appellate Division, First Department, affirmed orders of disposition from the Bronx County Family Court, which found a respondent neglected and abused J.D. and derivatively neglected and abused adoptive children M.A. and E.A. The court based its decision on J.D.'s detailed out-of-court statements, corroborated by an older sibling's testimony and explicit photographs. The Family Court's decision to quash a subpoena for J.D.'s testimony due to potential psychological harm was also upheld. The ruling emphasized the respondent's impaired parental judgment demonstrated by long-term sexual abuse, creating a substantial risk to his children.

child abuseneglectFamily CourtAppellate Divisionparental judgmentout-of-court statementscorroborationsubpoenaPTSDderivative neglect
References
6
Case No. MISSING
Regular Panel Decision

Fontus v. D & J School Bus

Carole Fontus was allegedly injured after being struck by a school bus owned by D & J School Bus and operated by DT Transportation, Inc., with Pasquale Amodei as the driver. Fontus and her husband filed a personal injury lawsuit. The defendants raised a fifth affirmative defense, claiming Fontus and Amodei were coemployees under Workers’ Compensation Law § 29 (6), thus barring the action. The Supreme Court initially granted the plaintiffs’ motion to strike this defense. However, the appellate court modified the order, denying the plaintiffs' motion to strike the fifth affirmative defense, citing unresolved issues of fact regarding the employment relationship between the parties.

Personal InjurySchool Bus AccidentCo-employmentWorkers' CompensationAffirmative DefenseSummary JudgmentAppellate ReviewFactual DisputeEmployment RelationshipMotor Vehicle Accident
References
2
Case No. 2019 NY Slip Op 06859
Regular Panel Decision
Sep 26, 2019

Matter of Sariyah L.J. (Antonio J.)

The Appellate Division, First Department, affirmed a Family Court order that denied Antonio J.'s motion to vacate a default order which determined him to be a notice-only father. The court found that Antonio J. failed to provide a reasonable excuse for his default, having chosen to attend a meeting with his shelter worker without notifying his attorney or the court. Furthermore, he failed to demonstrate a meritorious defense, as his affidavit did not establish substantial and continuous contact or financial support for the child, Sariyah L.J., in accordance with Domestic Relations Law § 111 [1] [d]. The appeal from the underlying August 20, 2018 order was dismissed as nonappealable.

Family LawPaternityDefault JudgmentVacaturParental RightsChild CustodyAppellate ProcedureDue ProcessInfant CaseMotion Practice
References
4
Case No. 2020 NY Slip Op 03164
Regular Panel Decision
Jun 04, 2020

Matter of Tineo v. M D R J LLC

Juan Fernandez Tineo, a construction worker, filed a workers' compensation claim for injuries sustained on the job, including his left index finger and post-concussion headaches. A Workers' Compensation Law Judge (WCLJ) established his claim, finding attachment to the labor market and directing ongoing awards. The employer, M D R J LLC, and its carrier sought review from the Workers' Compensation Board (Board) but their application was denied due to incomplete submission, specifically failing to specify when objections were interposed as required by 12 NYCRR 300.13 (b). The Appellate Division affirmed the Board's decision, citing the Board's discretion to deny review for procedural non-compliance, especially when a party is represented by counsel.

Workers' CompensationAppellate ReviewRegulatory ComplianceApplication for ReviewAdministrative ProcedureProcedural DenialBoard DiscretionInjured WorkerLabor Market AttachmentTemporary Partial Disability
References
12
Case No. 2016 NY Slip Op 08114
Regular Panel Decision
Dec 01, 2016

Matter of Kent D. (Rachel D.)

Petitioner Kent D. appealed an order from Family Court, New York County, which denied his motion for a forensic evaluation and granted the cross motion to dismiss his petition for visitation with his child. The background reveals that in February 2008, Kent D. stabbed Rachel D., the mother, seven times in front of their child, leading to his conviction for assault and child endangerment and an 11-year prison sentence. A 19-year order of protection was issued, prohibiting contact with the child. The Family Court had previously awarded custody to the mother, and a 2012 divorce judgment affirmed no visitation rights for Kent D. The Appellate Division affirmed the Family Court's decision, finding that Kent D. failed to make an evidentiary showing of changed circumstances required for a visitation hearing, and his claims of completing an anger management program were unsubstantiated. The court also noted the child's continuing symptoms of post-traumatic stress disorder and desire not to see him.

Visitation RightsChild CustodyOrder of ProtectionDomestic ViolenceAssault ConvictionChanged CircumstancesForensic EvaluationAppellate ReviewFamily LawPost-Traumatic Stress Disorder
References
2
Case No. MISSING
Regular Panel Decision

Stachura v. 615-51 Street Realty Corp.

The defendants third-party plaintiffs, 615-51 Street Realty Corp. and New Deal Realty Corp., appealed an order denying summary judgment to New Deal Realty Corp. on a contractual indemnification claim and granting dismissal of that claim to the third-party defendant, J&L Landscaping Inc. The appellate court dismissed the appeal of 615-51 Street Realty Corp. The court reversed the order pertaining to New Deal Realty Corp., finding that the 'hold harmless' agreement between New Deal and J&L was a valid and binding contract supported by consideration and not rendered unenforceable by General Obligations Law § 5-322.1. New Deal Realty Corp. successfully demonstrated its freedom from negligence, and J&L Landscaping Inc. failed to raise a triable issue of fact. Consequently, summary judgment was awarded in favor of New Deal Realty Corp. on its contractual indemnification claim against J&L Landscaping Inc.

Construction AccidentContractual IndemnificationHold Harmless AgreementSummary JudgmentThird-Party ClaimWorkers' Compensation LawGeneral Obligations LawAppellate ReviewPersonal Injury DamagesNegligence
References
11
Case No. MISSING
Regular Panel Decision
Nov 25, 1986

In re Moises D.

This appeal arises from an amended order of the Family Court, Kings County, which dismissed petitions alleging that Moisés D. and Noami D. were neglected children. The appellate court reversed the lower court's decision, adjudicating Moisés D. and Noami D. as neglected children and remitting the matter for a dispositional hearing. The evidence detailed the father's history of paranoid schizophrenia and past instances of severe abuse and neglect towards his other children, including physical violence and a dangerous incident with an autistic son. The mother was found to have failed to protect the children and demonstrated a faulty understanding of parental duties, leading the court to conclude a substantial risk of harm to Moisés D. and Noami D. without supervision. The decision emphasized the necessity of a dispositional hearing to determine the children's well-being and maintain family integrity.

Child NeglectFamily Court ActParental RightsMental IllnessParanoid SchizophreniaChild AbuseAppellate ReviewDispositional HearingRisk AssessmentParental Fitness
References
4
Case No. 2020 NY Slip Op 00935 [180 AD3d 1331]
Regular Panel Decision
Feb 07, 2020

Matter of Emma D. (Kelly v. D.)

This case involves two appeals concerning Emma D. In Appeal No. 1, the Ontario County Department of Social Services (DSS) initiated a neglect proceeding against the mother, Kelly V.(D.). The mother's motion to change venue to Monroe County was denied due to her refusal to provide her actual residence. In Appeal No. 2, the grandmother, Margarita D., commenced a custody proceeding against the mother. Custody was granted to the grandmother, supported by findings of extraordinary circumstances including the mother's neglect, unstable living situation, mental health issues, and failure to address the child's special needs. The Appellate Division, Fourth Department, unanimously affirmed both orders, including the supervised visitation arrangement between the mother and grandmother.

Child NeglectCustody DisputeFamily Court ActVenue ChangeExtraordinary CircumstancesSupervised VisitationParental RightsChild WelfareAppellate ReviewParental Fitness
References
9
Case No. MISSING
Regular Panel Decision

A.D. v. Board of Education of the City School District

Plaintiffs A.D. and M.D., on behalf of their minor child E.D., brought an action under the IDEA to review a State Review Officer's (SRO) decision. The SRO had reversed an Impartial Hearing Officer's (IHO) award of tuition reimbursement for E.D.'s attendance at the private Rebecca School, despite agreeing that the New York City Department of Education (DOE) failed to provide a Free Appropriate Public Education (FAPE). The District Court reversed the SRO's finding that Rebecca School was an inappropriate placement, concluding that the school's individualized program was designed to meet E.D.'s unique needs. Consequently, the Court ordered the DOE to reimburse tuition for July 2007 through June 2008, totaling $62,590, but denied reimbursement for July and August 2008 due to unexhausted administrative remedies. The Court also granted defendants' motion to strike certain evidentiary materials submitted by plaintiffs.

Individuals with Disabilities Education ActIDEAFree Appropriate Public EducationFAPETuition ReimbursementPrivate School PlacementSpecial EducationAutism Spectrum DisorderImpartial Hearing OfficerState Review Officer
References
31
Case No. MISSING
Regular Panel Decision
Feb 25, 1982

Claim of Fabrizio v. J. R. J. Concrete Corp.

Claimant, a construction foreman, sustained injuries in 1976 while employed by J. R. J. Concrete Corporation and was subsequently awarded workers' compensation benefits. The employer and its carrier appealed the award amount, contending that the claimant had intentionally limited his income after the injury to continue receiving Social Security benefits. The Workers' Compensation Board concluded that the claimant did not limit his income. The appellate court found substantial evidence to support the board's determination regarding factual questions and credibility, thus affirming the decision.

Workers' CompensationReduced EarningsSocial Security BenefitsAccidental DisabilityCredibilitySubstantial EvidenceAppellate ReviewConstruction ForemanInjury ClaimBoard Determination
References
4
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