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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
Jun 25, 1992

In re Shawn V.

Respondent appealed an order from the Family Court of Montgomery County which adjudicated him a juvenile delinquent for petit larceny and placed him in a State Division for Youth facility for 12 months. Respondent argued that this placement was not the least restrictive available alternative under Family Court Act § 352.2 (2). The Appellate Division affirmed the Family Court's decision, finding that extensive reports, including psychiatric, psychological, and probation reports, evidenced serious emotional and behavioral problems, a history of aggressive and antisocial conduct, and a clear threat to both himself and the community. Professionals consistently recommended secure placement, deeming direct community placement unwise due to the risk of continued antisocial behavior, and the examining psychologist indicated a risk of sex offense. The court concluded that ample evidence supported the Family Court's determination that placement in a Division for Youth facility was the appropriate least restrictive alternative.

Juvenile DelinquencyFamily Court ActLeast Restrictive AlternativeState Division for YouthPetit LarcenyBehavioral DisordersEmotional DisturbancesCommunity SafetyPsychiatric EvaluationProbation Report
References
4
Case No. MISSING
Regular Panel Decision

In re Nicholas M.

This case concerns a petition filed by the New York State Office of Children and Family Services (OCFS) for a 12-month extension of placement for Nicholas, a hearing-impaired child adjudicated as a juvenile delinquent, who committed an act that would constitute endangering the welfare of a child. Nicholas, through his Law Guardian, opposed the extension, arguing that OCFS placement was not the least restrictive, violated the Americans With Disabilities Act (ADA) by denying effective treatment, and failed to provide necessary special education services. The court, presided over by Justice Michael L. Hanuszczak, found that OCFS placement remained the least restrictive alternative, balancing Nicholas's needs with community protection, and dismissed the ADA violation claim due to insufficient evidence. However, the court did find that Nicholas was not receiving mandated speech language therapy and a teacher of the deaf as outlined in his individualized education program (IEP). Consequently, the court granted the extension of placement with OCFS for 12 months, from July 20, 2001, to July 20, 2002, and ordered OCFS to conduct an evaluation regarding Nicholas's special education needs and submit an educational service plan.

Juvenile DelinquencyFoster CarePlacement ExtensionAmericans With Disabilities ActADASpecial EducationIndividualized Education ProgramIEPSexual Offender TreatmentLeast Restrictive Placement
References
4
Case No. MISSING
Regular Panel Decision

Gagliardo v. Arlington Central School District

This case involves parents (plaintiffs) seeking tuition reimbursement from the Arlington Central School District (defendant) under the Individuals with Disabilities in Education Act (IDEA) for the unilateral placement of their son, Stephen G., at Oakwood Friends School. The dispute arose because both parties agreed Stephen needed private schooling, but disagreed on the specific institution; the district recommended The Karafin School, while the parents chose Oakwood Friends. The court, conducting a de novo review, reversed the State Review Officer's decision, finding that the district's proposed placement at The Karafin School did not provide Stephen with a Free Appropriate Public Education (FAPE) in the least restrictive environment. The court determined that Karafin's highly individualized and restrictive setting was inappropriate for Stephen, whose primary issue was social anxiety due to bullying, not a severe learning disability. Conversely, Oakwood Friends School was deemed an appropriate placement, offering academic rigor and a supportive, bully-free environment conducive to Stephen's emotional and social development. The court concluded that equitable considerations favored the parents, ordering the district to reimburse them for Stephen's tuition.

Individuals with Disabilities Education ActSpecial EducationTuition ReimbursementLeast Restrictive EnvironmentFree Appropriate Public EducationSummary JudgmentAsperger's SyndromeSocial AnxietyEmotional DisturbanceUnilateral Placement
References
11
Case No. MISSING
Regular Panel Decision

In re Mickie PP.

A designated felony act petition was filed against a 13-year-old respondent, alleging sodomy in the first degree at St. Cabrini Home in Ulster County. The Family Court found the respondent committed the acts, adjudicated him a juvenile delinquent, and ordered a three-year restrictive placement with the Division for Youth due to escalating behavior and threats. The respondent appealed the decision, arguing insufficient evidence and improper restrictive placement. The appellate court affirmed the Family Court's findings, concluding that the victim's corroborated testimony provided sufficient evidence and the restrictive placement was a proper exercise of discretion.

Juvenile DelinquencyDesignated Felony ActSodomyRestrictive PlacementDivision for YouthFact-Finding HearingDispositional HearingPrima Facie CaseForcible CompulsionSexual Offense
References
6
Case No. MISSING
Regular Panel Decision

In re Christopher QQ.

This case involves an appeal from the Family Court of Chemung County regarding a juvenile delinquency adjudication and restrictive placement. The respondent, then 16, was found to be a juvenile delinquent after admitting to two counts of oral sexual conduct with young children he was babysitting. Family Court ordered a three-year restrictive placement due to the seriousness of the offenses and the need for deterrence and community protection. On appeal, the court affirmed both the denial of the respondent's motion to suppress his statements, noting that police were not required to contact parents for a 16-year-old, and the restrictive placement, emphasizing the respondent's abuse of trust, the negative impact on victims, and the findings of a social worker regarding his persistent sexual interest in children and lack of empathy.

Juvenile DelinquencyChild Sexual AbuseRestrictive PlacementFamily Court ActSuppression of EvidenceAppellate ReviewCriminal Sexual MisconductChild ProtectionJudicial DiscretionRisk of Reoffense
References
4
Case No. MISSING
Regular Panel Decision
Jun 18, 1992

In re Nathan S.

This case involves an appeal from an order of the Family Court of Franklin County, which adjudicated a juvenile a delinquent for committing an act that would constitute third-degree burglary if committed by an adult. Following a dispositional hearing, the Family Court placed the juvenile in the custody of the Franklin County Commissioner of Social Services for 12 months, in a residential facility offering therapy, as recommended by a psychiatrist. The petitioner appealed on two grounds: first, that a less restrictive alternative (placement with parents) was not tried, and second, that the Law Guardian was granted unlimited direct access to information from the Department of Social Services case workers. The appellate court affirmed the placement decision, stating that the law does not require less restrictive alternatives to fail before more restrictive ones are imposed. However, the court modified the order by deleting the provision granting the Law Guardian unfettered access to Department records, finding insufficient factual basis for such broad access.

Juvenile DelinquencyFamily CourtDispositional HearingLeast Restrictive AlternativeChild WelfareCustody PlacementResidential FacilityPsychiatric EvaluationLaw Guardian AccessSocial Services Records
References
6
Case No. 2016-08-0085
Regular Panel Decision
Jul 19, 2016

Humphreys, Jerry v. Prestigious Placement, Inc.

Jerry Humphreys, a fifty-year-old employee, filed a Request for Expedited Hearing against Prestigious Placement, Inc., his uninsured employer, seeking continued medical and temporary disability benefits for work-related neck and back injuries sustained on June 18, 2015. Humphreys reported the injury to Americraft supervisor and then Prestigious, receiving initial treatment and benefits until January 15, 2016, when benefits were terminated due to alleged refusal of light duty work and fabricated claims. The Court found Humphreys injured himself at work and that the employer's defenses lacked evidence, including their claim of willful misconduct or refusal of light duty work. Presiding Judge Jim Umsted ruled that Humphreys is entitled to continued medical treatment with his authorized treating physician, Dr. Murrell, and ongoing temporary partial disability benefits from January 16, 2016, forward. Additionally, the Court awarded Humphreys' attorney a fee of twenty percent of the temporary disability award.

Expedited HearingMedical BenefitsTemporary DisabilityNeck InjuryBack InjuryCervical MyelopathyUninsured EmployerWork-Related AccidentSedentary Work RestrictionsAttorney's Fees
References
3
Case No. MISSING
Regular Panel Decision

In re Christopher

The court considered a petition by the Broome County Social Services Department for an extension of placement for the child Elizabeth. Elizabeth was placed in foster care following the death of her half-brother, for which her mother, Sally, was convicted of criminally negligent homicide. Despite the Department's placement of Elizabeth with her mother during the proceedings, the court found Sally lacked credibility, insight, and responsibility for her actions. Expert testimony from two clinical psychologists highlighted the high risk to Elizabeth in her mother's care due to the mother's personality issues and lack of accountability. The court granted the extension of placement for 12 months but ordered Elizabeth's removal from her mother's home, directing the Department to place her in an appropriate alternative setting while both parents receive necessary services.

Child WelfareFamily Court ActExtension of PlacementChild AbuseCriminally Negligent HomicideParental RightsBest Interests of the ChildPsychological EvaluationCredibility AssessmentParental Responsibility
References
1
Case No. MISSING
Regular Panel Decision
Jan 08, 1990

In re Rafael M.

An order of disposition from the Family Court, Bronx County, adjudicating an appellant a juvenile delinquent and placing him in custody, was unanimously affirmed. The appellant admitted to acts of unauthorized vehicle use, and despite initial parole conditions, showed a lack of seriousness and a history of truancy. Psychological evaluations recommended a structured environment due to the appellant's low intellectual function, poor judgment, and impulse control. The court determined that placement with a private agency or the Division for Youth was the least restrictive alternative consistent with the appellant's needs and community protection. The appellate court found that the Family Court acted within its broad discretion in reaching its conclusion.

Juvenile DelinquencyFamily LawProbation ViolationTruancyPlacementLeast Restrictive AlternativeChild WelfareAppellate ReviewPsychological EvaluationVehicle Theft
References
2
Case No. MISSING
Regular Panel Decision
Feb 09, 2011

Conservative Party v. Walsh

Plaintiffs, including the Conservative, Working Families, and Taxpayers Parties, challenged New York Election Law § 9-112(4) and 9 N.Y.C.R.R. § 6210.13(A)(7), which govern "double-voting," under 42 U.S.C. § 1983. They alleged that the policy of crediting double-votes solely to the 'first' party on the ballot, typically a major party, violates their First and Fourteenth Amendment rights by imposing severe burdens on minor parties' ballot access, placement, fundraising capabilities, and the accurate counting of votes. This issue gained significance with the transition to optical scanner voting machines that allow double-voting. Defendants, Commissioners of the New York State Board of Elections, sought to dismiss the complaint, citing lack of capacity and standing, and failure to state a claim. The Court denied the motion, finding that the plaintiffs had adequately alleged severe constitutional burdens and that the State had not demonstrated its policy was the least restrictive means.

Election LawVoting RightsFirst AmendmentFourteenth AmendmentEqual ProtectionPolitical PartiesMinor PartiesDouble-VotingBallot AccessMotion to Dismiss
References
11
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