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Case Law Database

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

Case No. CAF 10-00834
Regular Panel Decision
Dec 30, 2011

Y., BRIDGET KATHLEEN, MTR. OF

This case is an appeal from an order of the Family Court, Chautauqua County, which found four children (Bridget Y., Kelly Y., Colleen Y., and Michaela Y.) to be neglected and placed them into the custody of the Chautauqua County Department of Social Services (DSS). The parents, Kenneth M.Y. and Rita S., appealed, challenging the Family Court's subject matter jurisdiction, asserting New Mexico as the children's home state with a pending custody proceeding. The Appellate Division affirmed the Family Court's exercise of temporary emergency jurisdiction, citing the children's imminent risk of harm due to severe abuse and neglect allegations and New Mexico's insufficient protective measures. The appeal was dismissed as moot for Colleen Y. and Kelly Y., who attained the age of 18 during the appeal's pendency.

Child NeglectChild AbuseTemporary Emergency JurisdictionUCCJEAFamily LawAppellate ReviewJurisdictional ConflictParental RightsHome StateInter-State Custody
References
0
Case No. MISSING
Regular Panel Decision
Apr 03, 2006

Lawrence Teachers Ass'n v. Lawrence Public Schools

This case concerns an appeal by the Lawrence Teachers Association (petitioner) challenging the denial of their petition to confirm an arbitration award. The arbitration award mandated Lawrence Public Schools (respondent) to designate members of the petitioner’s bargaining unit to provide special education services outside the school district's geographical boundaries. The Supreme Court, Nassau County, denied the petition, concluding the award was unenforceable. The appellate court affirmed this decision, ruling that the arbitration award violated public policy as it contravened Education Law former § 3602-c (2). This statute required the school district to contract with the school district where the nonpublic school attended by the pupil was located for such services. The court emphasized that an arbitrator's award cannot stand if it is contrary to well-defined statutory law and public policy.

Arbitration AwardPublic PolicyEducation LawSpecial Education ServicesCollective BargainingStipulationStatutory ViolationAppellate ReviewSchool District ObligationsLabor Dispute
References
4
Case No. MISSING
Regular Panel Decision

In re Rebecca X.

This case involves appeals from six Family Court orders that adjudicated Rebecca X., Carissa Y., and Brittany Y. as abused and/or neglected children. Brittany Y. accused the respondent (her mother's boyfriend) of sexual abuse, which was corroborated by medical examinations and social worker assessments despite attempts by her mother and the respondent to influence her statements. The Family Court found clear and convincing evidence of sexual abuse and derivative neglect for her sisters. The respondent was deemed a legally responsible person due to his cohabitation and disciplinary role. The appellate court affirmed all orders, concluding that Brittany's out-of-court statements were sufficiently corroborated, the respondent was properly identified as legally responsible, and the findings of derivative neglect were amply supported. Claims of ineffective assistance of counsel were also rejected.

Sexual abuseChild neglectCorroborated testimonyDerivative findingsParental dutyMedical evidenceWitness intimidationFamily Court proceedingsAppellant rightsAbuse adjudication
References
13
Case No. MISSING
Regular Panel Decision

S.Y. v. New York City Department of Education

Plaintiffs, parents of R.Y., sued the New York City Department of Education (DOE) under the Individuals with Disabilities Education Act (IDEA), challenging a State Review Officer's (SRO) decision that reversed an Impartial Hearing Officer's (IHO) finding. The IHO had ruled that the DOE failed to provide R.Y. a free appropriate public education (FAPE) and ordered tuition reimbursement for R.Y.'s private school, the Rebecca School. The District Court found multiple procedural violations by the DOE that cumulatively denied R.Y. a FAPE. The Court also affirmed the IHO's findings that the Rebecca School was an appropriate placement and that the equities favored the Parents. Consequently, Plaintiffs' motion for summary judgment was GRANTED, and the DOE's cross-motion was DENIED, entitling Plaintiffs to tuition reimbursement and attorneys' fees.

IDEAFAPEIEPDue ProcessTuition ReimbursementSpecial Education LawProcedural AdequacyParental RightsAutism Spectrum DisorderAdministrative Review
References
38
Case No. 2015-1244 N CR NO.
Regular Panel Decision
Sep 14, 2017

People v. Lawrence (Derek)

Derek Lawrence appealed his conviction for sexual abuse in the third degree, stemming from two incidents involving a co-worker. He argued ineffective assistance of counsel, claiming his lawyer failed to present evidence of office dysfunction and an EEOC complaint against the victim. The Appellate Term, Second Department, affirmed the conviction, finding that counsel provided meaningful representation by employing a strategy to impeach the victim's credibility and securing acquittals on three of the four initial charges. The court also deemed the sentence of 90 days incarceration and a $500 fine appropriate, citing Lawrence's prior assault conviction.

Sexual AbuseIneffective Assistance of CounselAppellate ReviewCredibilityTrial StrategySentencingAssaultNonjury TrialProsecutor's InformationSandoval Hearing
References
12
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
1
Case No. MISSING
Regular Panel Decision

La Belle v. County of St. Lawrence

This case involves three consolidated actions arising from the temporary removal of two minor children, Randy and Jodi La Belle, by St. Lawrence County Department of Social Services and Massena police officers while their parents, Albert and Joyce La Belle, were on vacation. The parents (Action No. 1) sued for intentional infliction of emotional distress and civil rights violations (42 U.S.C. § 1983). The children (Action Nos. 2 and 3) brought claims for false arrest, false imprisonment, and civil rights violations. This appeal reviews the denial of defendants' motions to dismiss the complaints by the Supreme Court at Special Term. The appellate court modified the order, dismissing the parents' entire action, certain civil rights claims against the County of St. Lawrence and the Village of Massena, and all punitive damages claims against municipalities and for State law claims in Action Nos. 2 and 3. The infant plaintiffs were left with causes of action for false arrest, false imprisonment, and section 1983 claims against the Department of Social Services and individual defendants, with punitive damages claims remaining only against individual defendants for the section 1983 causes of action.

Child ProtectionCivil Rights ViolationFalse ArrestFalse ImprisonmentIntentional Infliction of Emotional DistressGovernment ImmunityPunitive DamagesMunicipal LiabilityRespondeat SuperiorAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

In re Lawrence Children

This consolidated opinion addresses a motion brought by minor parents, Barbara Allen and Gail Lawrence, who are respondents in separate neglect proceedings initiated by the Administration for Children’s Services (ACS). The parents, who are or recently were in foster care, argue that ACS has a conflict of interest in prosecuting neglect cases against individuals for whom it also serves as parens patriae. They sought an order to relieve ACS as petitioner and appoint a special prosecutor. The court, presided over by Daniel Turbow, J., denied the motion, concluding that no legal basis exists for the requested relief, as any alleged conflict is inherent in ACS’s statutory obligations. However, the court urged ACS to consider the age of minor parents in such cases and suggested utilizing Social Services Law § 398 to assume care of destitute children without necessarily imposing a neglect finding, emphasizing that minors should not be held to the same standard of care as adults.

Child NeglectFoster CareMinor ParentsConflict of InterestSpecial ProsecutorFamily Court Act Article 10Social Services LawParens PatriaeLaw GuardianStandard of Care for Minors
References
25
Case No. MISSING
Regular Panel Decision

In re Jose Y.

The petitioner, Dutchess County Department of Social Services, appealed an order from the Family Court, Dutchess County, which had dismissed child abuse and neglect petitions and returned the children to the respondent's custody. The appellate court modified the order, reversing the dismissal of neglect allegations concerning Jose Y., Eduardo Y., and Geraldo Y., and found that the respondent had neglected the children. The court determined that the respondent failed to recognize and act upon clear signs of sexual abuse endured by Eduardo over two years. The matter was remitted to the Family Court for a dispositional hearing, with custody of Eduardo Y. and Geraldo Y. remaining with the appellant, and updated psychological evaluations ordered for all parties involved.

Child NeglectChild AbuseFamily Court Act Article 10Parental SupervisionSexual Abuse VictimsAppellate ReviewDispositional HearingPsychological EvaluationRemittal to Family CourtChild Custody
References
6
Case No. MISSING
Regular Panel Decision

In re Hime Y.

This appeal concerns the termination of a natural mother's parental rights to her children, Suzanne and Hime, focusing on the ground of 'mental illness.' Previously, the case involving Suzanne was remanded due to an erroneous 'no-fault' theory, and a separate proceeding for Hime had dismissed termination, granting custody to foster parents with visitation rights for the mother. The appellate court now scrutinizes the record for the first time regarding the 'mentally ill' contention, considering medical reports, caseworker testimonies, and drawing an unfavorable inference from the mother's failure to present her own psychiatric evidence. The court found 'clear and convincing' proof that the mother suffered from a residual form of schizophrenia, preventing her from properly caring for Hime and putting the child in danger of neglect. Consequently, the Family Court's order dismissing causes relating to Hime was modified; the petition to terminate parental rights based on mental illness was granted, the mother's visitation privileges were vacated, and the matter was remanded for further proceedings.

Parental Rights TerminationMental IllnessSchizophreniaChild NeglectAppellate ReviewFamily Court ActSocial Services LawVisitation RightsFoster CarePsychiatric Evaluation
References
5
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