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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 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

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
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

In re Joshua J.

The father appealed a Family Court order that found he neglected his child, Joshua. The neglect finding was based on the father's refusal to allow DSS workers and police into his home for an unannounced visit, despite a prior agreement to cooperate with DSS supervision. The father argued he refused entry for safety reasons, citing a past robbery and concerns about impersonators, and that Joshua was found clean, healthy, and safe. The appellate court reversed the Family Court's order, finding that DSS failed to prove by a preponderance of the evidence that Joshua's condition was impaired or in imminent danger due to the father's actions. Consequently, the petition was denied, and the proceeding was dismissed.

Child NeglectChild Protective ServicesFamily Court ActParental RightsAppellate ReviewPreponderance of EvidenceDSS SupervisionUnannounced VisitsHome Entry RefusalChild Safety
References
7
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
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
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
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
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. MISSING
Regular Panel Decision
Feb 08, 2012

In re Chaz J.

An appellant was adjudicated a juvenile delinquent upon a fact-finding determination that he had committed an act constituting possession of a box cutter in a public place by a person under 21, in violation of Administrative Code of City of NY § 10-134.1 (e). He was placed on probation for a period of 12 months. The court properly denied the appellant’s suppression motion, finding that the police had an objective credible reason to approach the group based on their encircling a food delivery worker in an area known for robberies. The police conduct did not elevate to a seizure. An associate's act of throwing a knife, coupled with the prior behavior, created a founded suspicion of a joint criminal enterprise, justifying a common-law inquiry about weapons. The appellant's response led to the lawful recovery of a box cutter, and the order of disposition was unanimously affirmed.

Juvenile DelinquencyBox CutterPublic PlaceSuppression MotionPolice EncounterObjective Credible ReasonFounded SuspicionCommon-Law InquiryWeapons PossessionAffirmed Decision
References
4
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