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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

Equal Employment Opportunity Commission v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

The Equal Employment Opportunity Commission (EEOC) and Melissa Castillo brought claims of sex discrimination, retaliation, and constructive discharge against Rappaport, Hertz, Cherson & Rosenthal, P.C., William Rappaport, and Herbie Gonzalez under Title VII. Castillo sought to intervene in the EEOC's action and assert additional state and city claims, while the defendant moved to compel arbitration of Castillo's claims based on an employment arbitration agreement. The court granted Castillo's motion to intervene and permitted her state and local claims to proceed under supplemental jurisdiction. The court also granted the defendant's motion to compel arbitration for all of Castillo's claims, determining that the arbitration agreement was an employer-promulgated plan and the associated costs would not be prohibitively expensive. The EEOC's action was not stayed, as it was not a party to the arbitration agreement, but Castillo's individual proceedings were stayed pending arbitration.

Sexual HarassmentRetaliationConstructive DischargeTitle VIIArbitration AgreementInterventionEmployment DiscriminationFederal Arbitration ActSupplemental JurisdictionEEOC Enforcement Action
References
51
Case No. 2024 NY Slip Op 24320
Regular Panel Decision
Dec 17, 2024

D.P. v. S.P.

This case involves a custody dispute between D.P. (Plaintiff) and S.P. (Defendant) concerning their two minor children in Westchester County, New York. The defendant sought to compel the plaintiff to release psychotherapy notes and medical records from her former and current mental health professionals (Dr. O.K. and Dr. A.L.). The defendant argued these records were essential for trial preparation, alleging the plaintiff had a personality disorder and received in-patient psychiatric treatment. The plaintiff and the treating professionals' counsel opposed, asserting confidentiality and that substantial medical records had already been disclosed to a court-appointed forensic evaluator. The court affirmed that psychotherapy notes can be discoverable in custody cases but ruled that the defendant failed to demonstrate that the specific information sought was not already available from the extensive records previously provided. Consequently, the defendant's motion for disclosure was denied, and the plaintiff's cross-motion to deny the disclosure was granted.

Custody DisputeChild WelfarePsychotherapy Notes DisclosureMental Health RecordsParental FitnessConfidentiality WaiverProtective OrderIn Camera ReviewBest Interests of the ChildForensic Evaluation
References
15
Case No. MISSING
Regular Panel Decision
Apr 27, 1994

Wilbur O. v. Christina P.

This case involves appeals from Family Court orders granting Wilbur O. sole legal custody of his children, William and Jessica O., and adjudicating them as neglected by their mother, Christina P., and stepfather, Allan P. Following their divorce, Christina P. and Allan P., active Jehovah\'s Witnesses, raised the children and began discarding items from Wilbur\'s visits, believing them to be demon-possessed. Christina P. was diagnosed with posttraumatic stress disorder and experienced flashbacks of alleged satanic ritualistic abuse, eventually implicating Wilbur. The parents unilaterally terminated Wilbur\'s visitation, leading to the children\'s severe depression. The children, influenced by their parents, began recounting detailed, uncorroborated "memories" of satanic abuse by Wilbur. After intervention by the Department of Social Services (DSS), the children recanted their allegations, attributing them to suggestions from Christina P. and Allan P. A court-ordered psychological report diagnosed Christina P. with a possible psychotic disorder and described a "Folie á Deux" shared delusion with the children. The appeals court affirmed the Family Court\'s findings of neglect and the change of custody to Wilbur O., concluding that the children\'s mental and emotional health was impaired by Christina P. and Allan P.\'s conduct.

Child Custody DisputeChild NeglectParental AlienationFalse Allegations of AbuseSatanic Ritual Abuse AllegationsPosttraumatic Stress Disorder (PTSD)Shared Delusion (Folie á Deux)Family Court ActAppellate DecisionPsychological Evaluation
References
3
Case No. 2014 NY Slip Op 08026
Regular Panel Decision
Nov 19, 2014

Matter of Chloe P. Mc. (Lajohn M.--Danielle P.)

This case involves an appeal by Danielle P. from an order of the Family Court, Kings County, dated August 21, 2013, which awarded Lajohn M. supervised visitation with the subject child, Chloe P. Mc. The Appellate Division, Second Department, dismissed the appeal. The court found that no appeal lies from an order entered on the consent of the appealing party, as Danielle P. had consented to the supervised visits.

Family LawChild VisitationSupervised VisitationAppeal DismissedConsent OrderAppellate ProcedureParental RightsChild WelfareFamily CourtAppellate Division
References
5
Case No. 2021 NY Slip Op 03590
Regular Panel Decision
Jun 09, 2021

Matter of Isabela P. (Jacob P.)

In this case, Jacob P., the father, appealed an order of disposition from the Family Court, Queens County, which found that he neglected his child, Isabela P. The Administration for Children's Services initiated the proceeding, alleging the father failed to provide adequate supervision and guardianship. The Family Court's finding of neglect was based on evidence that the father repeatedly made false reports of sexual abuse against the mother in the child's presence and encouraged the child to corroborate these allegations. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the father's actions created an imminent danger of emotional impairment to the child, thus failing to meet the minimum degree of parental care.

Child NeglectParental MisconductFalse AllegationsFamily Court Act Article 10Appellate ReviewEmotional ImpairmentPreponderance of EvidenceJudicial DeferenceChild WelfareCustody Dispute
References
7
Case No. MISSING
Regular Panel Decision

Williams v. Forbes

Joseph Patrick Williams was injured in a 1984 fall at the Armbrusters' property where William Forbes was a general contractor. Williams, who received workers' compensation benefits, sued Forbes and the Armbrusters. Forbes, having impleaded Williams's employers David Rowe and D. Rowe Home Improvements, sought to amend his answer to include a Workers' Compensation Law defense and moved for summary judgment, which the court denied, although it granted the Armbrusters' cross-motion for summary judgment. Forbes appealed the denial of his summary judgment motion. Williams subsequently moved to dismiss Forbes's appeal as untimely. The court denied Williams's motion, ruling that the 30-day appeal period under CPLR 5513(a) only begins when the appellant is served notice of entry by the prevailing party, not by co-defendants like the Armbrusters. Consequently, Forbes's appeal was deemed timely.

AppealTimeliness of AppealService of NoticeCPLR 5513Workers' Compensation DefenseSummary JudgmentMotion to DismissNassau CountyAppellate DivisionPrevailing Party
References
8
Case No. MISSING
Regular Panel Decision

B.P. v. New York City Department of Education

This case involves B.P. and A.P., parents of D.P., seeking relief against the New York City Department of Education under the Individuals with Disabilities Act (IDEA). The Plaintiffs alleged that the Defendant failed to provide D.P. with a free appropriate public education (FAPE) for the 2009-2010 school year, arguing that the proposed Individualized Education Program (IEP) was inappropriate and seeking tuition reimbursement for D.P.'s private schooling. The Court reviewed the decisions of the Impartial Hearing Officer and State Review Officer, both of whom had denied tuition reimbursement. Ultimately, the District Court found that the education offered by the Defendant was appropriate under the IDEA, denying the Plaintiffs' motion for summary judgment and granting the Defendant's cross-motion for summary judgment.

Individuals with Disabilities ActFree Appropriate Public EducationIndividualized Education ProgramTuition ReimbursementSummary Judgment MotionSpecial EducationLearning DisabilitiesAttention Deficit Hyperactivity DisorderAdministrative ReviewParents' Rights
References
14
Case No. MISSING
Regular Panel Decision
Oct 15, 1998

High View Fund, L.P. v. Hall

Plaintiffs, The High View Fund, L.P. and The High View Fund, filed an Amended Complaint asserting claims against E. William Hall and Karen W. Hall for violations of federal securities laws, fraudulent inducement, Delaware Blue Sky laws, breach of fiduciary duty, unjust enrichment, conversion, and breach of contract. The claims stem from the plaintiffs' $1 million investment in United Golf Properties, Inc. and the defendants' alleged misuse of the company's assets and misrepresentations in an Offering Memorandum. Defendants moved to dismiss the Amended Complaint. The court, presided over by District Judge Scheindlin, granted dismissal for the federal securities law claims and common law fraud claims, allowing leave to amend. Additionally, the conversion and breach of contract claims were dismissed with prejudice. However, the motion to dismiss was denied for the Delaware Blue Sky law claims, breach of fiduciary duty, and unjust enrichment claims.

Securities FraudMotion to DismissRule 12(b)(6)Rule 9(b)Fiduciary DutyUnjust EnrichmentConversionBreach of ContractDelaware Blue Sky LawInvestment Fraud
References
50
Case No. MISSING
Regular Panel Decision

In re Joanne P.

This child protective proceeding addresses the corroboration standard for a child victim's out-of-court statements in a sexual abuse case. The 17-year-old child, Joanne P., alleged sexual abuse by her father, Gary P., when she was 13. Her mother, Voule P., was charged with neglect for failing to protect Joanne after being informed. The court found that Joanne's numerous attempts to flee her family home, ultimately becoming an out-of-State runaway to New York City, constituted sufficient corroboration for her out-of-court statements under Family Court Act § 1046 (a) (vi). Despite no medical evidence, validation testimony, or parental admissions, the court concluded that the petitioner established its case by a preponderance of credible evidence, finding Gary P. committed sexual abuse and Voule P. was negligent. Joanne P. was subsequently placed with the Commissioner of Social Services.

Child Protective ProceedingSexual AbuseChild NeglectCorroboration StandardOut-of-court StatementsRunaway ChildFamily Court Act Article 10Preponderance of EvidenceInterstate Compact on JuvenilesCredibility of Child Witness
References
16
Case No. MISSING
Regular Panel Decision

Savage & Associates, P.C. v. Williams Communications (In Re Teligent Services, Inc.)

Savage & Associates, P.C., acting as the Unsecured Claims Estate Representative for Teligent Services, Inc., filed a preference action against "Williams Communications." The complaint was initially served on NextiraOne, LLC, which denied receipt of the transfers. After significant delay and Nextira's motion for summary judgment, Plaintiff served WilTel Communications, LLC, another "Williams" entity. WilTel moved to dismiss for untimely service, while Plaintiff sought to amend the complaint to formally name WilTel, arguing for relation back. The court granted WilTel's motion to dismiss and denied Plaintiff's motion to amend, citing Plaintiff's failure to show good cause for the extended delay in service and the prejudice to WilTel. Additionally, Nextira's motion for summary judgment was granted, dismissing the complaint against it.

Bankruptcy LawPreference ActionRule 4(m) DismissalRule 15(c) AmendmentTimely Service of ProcessStatute of LimitationsActual NoticePrejudice to DefendantGood CauseCorporate Identity Confusion
References
35
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