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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

In re Tanya T.

This case concerns an appeal from an Albany County Family Court order which adjudicated four children, Tanya T., Tabitha T., Deion T., and Davonna T., as abused and/or neglected. The petition alleged that their father sexually molested Davonna in Deion’s presence. The Family Court issued orders of supervision and protection, mandating treatment for the father and prohibiting visitation. On appeal, the court affirmed the Family Court’s findings, determining that the children's out-of-court statements were sufficiently corroborated by behavioral changes, expert testimony, and consistent statements. The appellate court also upheld the denial of the father's visitation petition, concluding it was not in the children's best interests due to their fear and the father's history of violence.

Child AbuseChild NeglectSexual MolestationCorroboration of Child StatementsBehavioral ChangesExpert TestimonyDenial of VisitationBest Interests of the ChildFamily Court ActAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

In re Gunner T.

This case concerns a child neglect petition against Maria T. regarding her son, Gunner T., who was placed in the care of the Clinton County Department of Social Services. The Department issued a notice to remove Gunner from his current foster home and place him with his great-uncle. The Attorney for the Child subsequently filed a motion to modify the existing order, advocating for Gunner to remain in his current foster home, citing his best interests. The court, presided over by Timothy J. Lawliss, ruled that it indeed possesses the legal authority under the Family Court Act to direct the placement of a child in a specific foster home. A separate hearing will be scheduled to determine if the requested relief aligns with Gunner's best interests.

Child NeglectFoster Care PlacementBest Interest of ChildFamily Court ActJudicial AuthoritySpecific Foster Home PlacementMotion to Modify OrderDepartment of Social ServicesAttorney for the ChildRelative Placement Preference
References
3
Case No. 533993
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Francisca Garcia (Garcia (dec'd), Miguel)

Claimant Francisca Garcia appealed a Workers' Compensation Board decision disallowing her claim for death benefits. Her spouse, Miguel Garcia, a World Trade Center volunteer, died in 2016 from conditions established in his prior workers' compensation claim. Garcia filed for death benefits in 2020, which the Board ruled untimely under Workers' Compensation Law § 28. The Board also determined that Workers' Compensation Law Article 8-A did not apply to a death benefits claim. The Appellate Division affirmed the Board's decision, holding that Article 8-A's exception to the two-year filing rule applied to the participant's disablement claim, not to a separate death benefits claim filed by a non-participant, thus the claim was barred by Workers' Compensation Law § 28. A dissenting opinion argued that Workers' Compensation Law § 163, by mentioning "injury or death," indicated Article 8-A's applicability to death benefits, suggesting the matter be remitted to address causation and timely filing.

Death Benefits ClaimWorld Trade Center VolunteerWorkers' Compensation Law § 28TimelinessStatutory InterpretationArticle 8-ALatent ConditionsPosttraumatic Stress DisorderGastroesophageal Reflux DiseaseObstructive Sleep Apnea
References
12
Case No. 93
Regular Panel Decision
Nov 20, 2025

In the Matter of the Claim of Francisca Garcia

Francisca Garcia, spouse of deceased volunteer Miguel Garcia, filed a death benefits claim more than two years after his death in July 2016. Miguel Garcia had received lifetime benefits for health conditions contracted while volunteering in the 9/11 World Trade Center recovery efforts. The Workers' Compensation Board (WCB) and Appellate Division disallowed the claim as untimely under Workers' Compensation Law § 28, which sets a two-year statute of limitations for death benefits. The central legal question was whether Workers' Compensation Law § 168, which extends filing periods for 'participants' in WTC recovery, applies to claims by survivors. The Court of Appeals affirmed the lower court's decision, holding that § 168's language, referring explicitly to 'a claim by a participant,' does not extend to claims made by beneficiaries, thus the claim remains barred by § 28.

Death Benefits ClaimWTC Volunteer9/11 Recovery WorkersStatute of Limitations ExtensionWorkers' Compensation Law Article 8-ASurvivor's Claim TimelinessParticipant DefinitionLegislative Intent InterpretationUntimely Filing DisallowanceAppellate Division Affirmation
References
3
Case No. MISSING
Regular Panel Decision
Jan 26, 2006

In re John T.

Holliswood Care Center appealed an order awarding attorneys' fees against it in a guardianship proceeding for John T. The Supreme Court had initially found John T. competent but awarded fees to the petitioner, temporary guardian, and Mental Hygiene Legal Service, citing Holliswood's "reprehensible actions" in detaining Mr. T. Holliswood argued it was not given notice that the guardianship hearing would determine attorney's fees against it and was not afforded an opportunity to present evidence regarding its actions, which it claimed were based on safety concerns, not Mr. T.'s competency. The appellate court reversed the order, holding that the Supreme Court improperly proceeded with the hearing and improvidently awarded attorneys' fees without proper notice and opportunity to be heard for Holliswood. Furthermore, the court found that the award of attorneys' fees against Holliswood was not authorized by Mental Hygiene Law article 81 nor justified under common law exceptions.

GuardianshipAttorneys' FeesMental Hygiene LawIncapacitated PersonAppellate ProcedureDue ProcessNotice RequirementNursing Home DetentionElderly CareCompetency Evaluation
References
17
Case No. 03-1956
Regular Panel Decision

Garcia v. Scoppetta

Plaintiff Michele Garcia, a member of a subclass in Nicholson v. Williams, sued officials and employees of the Administration for Children’s Services (ACS) and the City of New York under 42 U.S.C. § 1983 for malicious prosecution. She alleged constitutional violations stemming from child protective proceedings initiated against her maliciously and without probable cause. Defendants moved to dismiss based on res judicata or, alternatively, qualified immunity for individual defendants. The court ruled that Garcia's malicious prosecution claim was not precluded by her prior suit (Garcia I) because the operative facts giving rise to the claim arose after Garcia I was filed and terminated. However, the court granted qualified immunity to the individual defendants, concluding that the law regarding the definition of a 'neglected child' and the justification for initiating neglect proceedings was not clearly established at the time of their actions, especially given pending certified questions to the New York Court of Appeals in Nicholson v. Scoppetta. The City's motion to dismiss was denied, and the court also denied certification for interlocutory appeal for both decisions.

Child Protective ProceedingsMalicious ProsecutionRes JudicataQualified ImmunityFederal Civil RightsDue ProcessFamily Court ActDomestic ViolenceChild NeglectSecond Circuit
References
40
Case No. MISSING
Regular Panel Decision

Garcia v. Petrakis

This case concerns an appeal regarding a personal injury claim filed by Roberto Garcia and his wife against Peter Petrakis, the owner of a house where Garcia was injured in a fall. Initially, Petrakis was granted summary judgment, but this was later vacated upon renewal. The Appellate Division reversed the decision to vacate, thereby reinstating summary judgment in favor of Petrakis. The court found that Petrakis, as a one- or two-family homeowner, did not direct or control Garcia's work and lacked actual or constructive notice of any unsafe condition, thus exempting him from liability under Labor Law §§ 200, 240, and 241, and common-law negligence.

Personal InjurySummary JudgmentLabor LawOwner LiabilityConstruction AccidentLadder FallNegligenceAppellate ReviewHomeowner ExemptionNew York State Law
References
10
Case No. MISSING
Regular Panel Decision

B.T. v. D.M.

The petitioner, B.T., sought to extend an order of protection against her husband, respondent D.M., and alleged a violation of a previous order. D.M. counter-petitioned for visitation with their child. The court denied B.T.'s violation petition, finding insufficient evidence that D.M. orchestrated his older son's actions. However, B.T.'s request to extend the order of protection was granted for two additional years, citing D.M.'s history of severe domestic violence against B.T. (witnessed by the child) and continued harassment including stalking and threatening phone calls even after the initial order. D.M.'s petition for visitation was denied based on the child's best interests; a forensic evaluator reported the child suffered trauma from witnessing the violence and opposed visitation, noting forcing visits could worsen the child's high anxiety and fearfulness. The court found D.M.'s testimony not credible and supported the forensic evaluator's assessment.

Domestic ViolenceOrder of ProtectionChild VisitationChild CustodyForensic PsychologyChild TraumaParental BehaviorBest Interests of the ChildHarassmentStalking
References
3
Case No. MISSING
Regular Panel Decision

In re Jack T.

This case involves an appeal concerning a mentally incompetent juvenile, Jack T., who faced multiple delinquency petitions. After being found incompetent and dangerous, Family Court Judges remanded him to the Commissioner of Mental Hygiene. The Appellate Division reversed, ruling that Family Court could not commit a mentally retarded juvenile under CPL article 730 and required adherence to Mental Hygiene Law procedures. Following remand, a new hearing assessed Jack T.'s competency and need for involuntary care. Medical examiners concluded Jack T. remained incompetent to stand trial but was no longer a danger to himself or the community and did not require involuntary commitment. Judge Gibbell, presiding, highlighted a legislative oversight, concluding that without certification under the Mental Hygiene Law or the ability to use CPL 730.50, the Family Court's hands are tied, rendering it unable to act in such cases, and strongly urged legislative reform.

Juvenile DelinquencyMental IncompetenceFamily CourtHabeas CorpusCPL Article 730Mental Hygiene LawDue ProcessInvoluntary CommitmentLegislative ReformJudicial Discretion
References
9
Case No. MISSING
Regular Panel Decision

Garcia v. J. C. Duggan, Inc.

Plaintiff Rafael Garcia, an employee of Capitol Knitting Mills Corp., suffered a herniated disk while assisting defendant J. C. Duggan, Inc., a moving company, with positioning a knitting machine. Garcia, whose role was to supervise equipment placement, allegedly helped move a machine at the request of Duggan's workers. The Supreme Court initially granted summary judgment to the defendant, ruling Garcia acted as a volunteer and his actions were unforeseeable. However, the appellate court modified this decision, denying summary judgment. The court found unresolved questions of fact regarding the defendant's duty of care, any potential breach, proximate cause, and whether Garcia was truly a volunteer given his employment context and the solicitation of his assistance.

NegligenceSummary JudgmentVolunteer DoctrineDuty of CareProximate CauseEmployment ScopeAppellate ReviewPersonal InjuryHerniated DiscMoving Company Liability
References
5
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