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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 Miranda UU.

This case concerns an appeal from a Family Court order in Tioga County which dismissed a petition to declare Miranda UU., a child, abused by her stepfather (the respondent). Miranda alleged sexual abuse by the respondent, stating he digitally penetrated her and exposed himself. The case was complicated by Miranda having been previously sexually molested by her half-brother. During the initial hearing, Miranda's statements were presented through her mother, a caseworker, and a therapist, supported by validation evidence. The respondent denied the allegations, and his stepdaughter contradicted Miranda's claim of observing other abuse. Two clinical psychologists also testified against the abuse claims. The Family Court found that the petitioner failed to establish abuse by a fair preponderance of the evidence, citing a lack of physical evidence, the impact of prior abuse on behavioral symptoms, doubts about Miranda's credibility, and conflicting expert opinions. The appellate court affirmed the Family Court's decision, emphasizing that the lower court's credibility determinations and weighing of evidence were entitled to deference.

Child AbuseSexual AbuseFamily Court Act Article 10Credibility AssessmentAppellate ReviewEvidentiary StandardsPreponderance of EvidenceMedical Examination FindingsExpert Witness TestimonyValidation Evidence
References
2
Case No. MISSING
Regular Panel Decision

In re Evelyn B.

The petitioner initiated proceedings to terminate the parental rights of the respondent, mother of Evelyn B., alleging mental illness or retardation after Evelyn B. was adjudicated neglected. The Family Court, Clinton County, terminated parental rights, relying on testimony from a court-appointed clinical psychologist who diagnosed the respondent with an untreatable learning disorder and mixed personality disorder, rendering her unable to provide proper care. The respondent appealed, presenting testimony from her treating therapist suggesting potential improvement. The appellate court affirmed the Family Court's decision, finding clear and convincing evidence supporting the termination due to the respondent's mental illness and upholding the Family Court's discretion in crediting the court-appointed psychologist over the respondent's therapist, whose expert qualification was also appropriately denied.

Parental Rights TerminationMental IllnessChild NeglectFamily LawAppellate ReviewClinical PsychologyForensic EvaluationPersonality DisorderLearning DisorderExpert Witness Credibility
References
6
Case No. 2019 NY Slip Op 01273 [169 AD3d 1187]
Regular Panel Decision
Feb 21, 2019

Family & Educ. Consultants, LLC v. New York State Ins. Fund

Family & Educational Consultants, LLC, doing business as Partnership for Education, sought to file a late notice of claim against the New York State Insurance Fund to recover $250,000 in workers' compensation premiums. The claimant asserted that its therapists were independent contractors, not employees, and thus the premiums were improperly calculated. While the Court of Claims initially granted permission for the late filing, the Appellate Division, Third Department, reversed this decision. The appellate court held that the Court of Claims lacked subject matter jurisdiction over the core issue, which involved challenging an agency's determination of employee classification. It clarified that such determinations are properly reviewed through a CPLR article 78 proceeding in Supreme Court, which could also provide incidental relief for overpayments.

Workers' Compensation PremiumsIndependent ContractorsSubject Matter JurisdictionCourt of ClaimsAgency DeterminationCPLR Article 78Late Notice of ClaimAppellate ReviewEmployee ClassificationInsurance Disputes
References
9
Case No. ADJ7568484
Regular
Nov 14, 2014

CHERISH ORANJE vs. CRESTWOOD BEHAVIORAL HEALTH, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves a workers' compensation applicant residing in Nevada who was receiving telephonic therapy from a California-licensed Marriage and Family Therapist. The defendant sought reconsideration, arguing that the telephonic therapy violated Nevada law as the therapist was not licensed in Nevada. The Workers' Compensation Appeals Board denied the petition, holding that California law governs treatment for injuries sustained in California, and the teletherapy in question complied with California's telehealth statutes. The Board concluded that the therapist's location in California while providing services to a Nevada resident did not violate California law, and any potential violation of Nevada law was irrelevant to the California workers' compensation claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderMedical TreatmentTelephonic TherapyMarriage and Family TherapistTelemedicine Development ActTelehealth Advancement ActBusiness and Professions CodeSynchronous Interaction
References
0
Case No. MISSING
Regular Panel Decision

Stolarski v. Family Services of Westchester, Inc.

Plaintiff Arlene Stolarski appealed a judgment from the Supreme Court, Westchester County, which dismissed her cause of action to recover damages for conscious pain and suffering in a wrongful death action. The decedent, after an apparent suicide attempt and subsequent consultations with Family Services of Westchester, Inc., died by suicide shortly after. Plaintiff alleged negligence by Family Services in treating the decedent's depression, causing conscious pain and suffering between October 19, 2005, and October 28, 2005. The Supreme Court initially granted the defendant's motion to dismiss, reasoning that such damages couldn't be recovered in a wrongful death action and that the depression was pre-existing. The Appellate Division reversed, holding that a cause of action for personal injuries, including conscious pain and suffering due to professional malpractice, survives the decedent's death and may be recovered by her estate, and that pre-existing conditions do not preclude proving exacerbation by alleged negligent treatment.

Wrongful DeathConscious Pain and SufferingProfessional MalpracticeNegligenceSuicideMental Health TreatmentSurvival StatuteAppellate ReviewMotion to DismissPre-existing Condition
References
14
Case No. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. New York State Adirondack Park Agency

Lewis Family Farm (Lewis Farm) sought to build housing for farm workers in Essex County, within the Adirondack Park. The Adirondack Park Agency (APA) asserted jurisdiction, issued a cease and desist order, and levied a $50,000 civil penalty, claiming the structures were 'single family dwellings' requiring a permit. Lewis Farm challenged this, contending the housing constituted 'agricultural use structures' exempt from APA jurisdiction under the Adirondack Park Agency Act and the Wild, Scenic and Recreational Rivers System Act. The Supreme Court annulled the APA's determination, agreeing with Lewis Farm. The Appellate Division affirmed the Supreme Court's judgment, concluding that farmworker housing directly and customarily associated with agricultural use falls under the 'agricultural use structure' exemption, thus not requiring an APA permit.

Land UseAdirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsPermit RequirementsStatutory InterpretationCPLR Article 78Farmworker HousingZoning ExemptionEnvironmental Law
References
15
Case No. MISSING
Regular Panel Decision

Edwin G. v. Patricia E.

The Family Court erred in dismissing the mother's supplemental petition for a change in custody without conducting an evidentiary hearing. The orders from December 19, 1991, and May 13, 1993, which awarded custody of Jillian to the father and dismissed the mother's petition, were based solely on a therapist's letter, neglecting the child's wishes and the Law Guardian's recommendation. The appellate court unanimously reversed these decisions, reinstated the supplemental petition, and remanded the case for further proceedings before a different judge. The court mandated the appointment of an independent professional for family interviews and home environment investigation, followed by a full evidentiary hearing to determine Jillian's best interests.

Child CustodyFamily LawAppellate ReviewEvidentiary HearingRemandBest Interests of the ChildLaw Guardian RecommendationTherapist's ReportJudicial DiscretionFamily Court Act Article 6
References
1
Case No. 2019 NY Slip Op 08951 [178 AD3d 525]
Regular Panel Decision
Dec 12, 2019

Matter of Global Liberty Ins. Co. of N.Y. v. North Shore Family Chiropractic, PC

The Appellate Division, First Department, affirmed the dismissal of a petition by Global Liberty Insurance Company of New York, which sought to vacate an arbitration award denying their claim. Global Liberty had argued that workers' compensation benefits were available to the assignor, Ramon Martinez, and thus their denial of the no-fault insurance claim to North Shore Family Chiropractic, PC (Martinez's assignee) was proper. The court found that Global Liberty failed to prove Martinez was injured in the course of his employment. The order was modified to remand the matter for a determination of attorneys' fees owed to North Shore Family Chiropractic, PC, including those for the appeal.

Insurance DenialNo-Fault BenefitsArbitration AwardAttorneys' FeesWorkers' Compensation CoverageEmployment StatusAppellate ReviewRemandBurden of ProofAssignor
References
4
Case No. MISSING
Regular Panel Decision

Matter of Robert SS. v. Ashley TT.

The case involves an appeal from a Family Court order concerning child custody and visitation. The mother, Ashley TT., appealed the visitation order after the Family Court granted her sole legal custody but allowed the incarcerated father, Robert SS., four visits per year with their son. The father is serving an eight-year prison sentence for rape. The Family Court considered the son's preference to visit his father and found that a social worker's concerns about potential harm were not directly related to the father's behavior. The appellate court affirmed the Family Court's decision, concluding that the mother failed to rebut the presumption that visitation with an incarcerated parent is in the child's best interests by a preponderance of the evidence.

Child CustodyChild VisitationIncarcerated ParentBest Interests of the ChildFamily Court Act Article 6Custody ModificationParental RightsSchuyler CountyAppellate DecisionChild Welfare
References
4
Case No. MISSING
Regular Panel Decision

White v. White

This case involves an appeal from a Family Court order granting primary physical custody of the parties' two children to the father. The parents, previously married, had a daughter (born 1999) and a son (born 2002). The mother sought treatment for alcohol and prescription drug abuse in Tennessee. During her treatment, the father moved with the children to Albany, New York, for an employment opportunity. After treatment, the parents could not agree on residency, leading the father to petition for custody, which the mother cross-petitioned. Family Court awarded joint legal custody to both parents and primary physical custody to the father, establishing a parenting schedule for the mother. The mother appealed this decision, arguing the Family Court did not properly weigh certain testimony. The Appellate Division affirmed the Family Court's order, finding that the decision to award primary physical custody to the father was in the children's best interests, given the stability he provided as the primary caretaker, his active involvement in their academic and medical care, and their thriving in his environment.

Custody DisputesChild Best InterestsParental FitnessSubstance Abuse TreatmentRelocation of ChildrenAppellate Review of Family CourtPrimary Physical CustodyJoint Legal CustodyParenting ScheduleChild Stability
References
10
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