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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

Leonard v. Leonard

This case concerns appeals from two orders of the Family Court of Delaware County, entered on September 19, 1983. The first order dismissed the respondent's cross-petition for a downward modification of a prior support order. The second order found the respondent in willful violation of a December 9, 1982 support order, fixing arrears at $665. The respondent had previously received a suspended 60-day jail sentence conditioned on keeping support payments current. The respondent argued that his unemployment and reduced workers' compensation benefits justified a modification and that the finding of willful violation was erroneous. The appellate court conducted a careful review of the record and affirmed the Family Court’s findings and determinations without costs.

Family LawChild SupportSupport OrderArrearsWillful ViolationModificationAppealUnemploymentWorkers' Compensation BenefitsAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Lewis v. Tomeo

The mother initiated proceedings to modify a 2004 Pennsylvania custody order, seeking primary physical custody of her daughter. The Family Court granted the mother's petition and dismissed the father's cross-petition, awarding primary physical custody to the mother, which the father then appealed. The appellate court reviewed whether a change in circumstances warranted modification and if relocation with the mother to North Carolina was in the child's best interests. The court found a sound and substantial basis for the Family Court's decision, citing issues with the father's care and the mother's stable home environment. It also concluded that the father was not denied effective assistance of counsel. The Family Court's order was affirmed.

CustodyParental RelocationChild's Best InterestChange in CircumstancesFamily LawAppellate ReviewParental FitnessEffective Assistance of CounselVisitation RightsNew York Family Court
References
23
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. MISSING
Regular Panel Decision

Chant v. Filippelli

The petitioner appealed an order from the Family Court of Warren County, which had dismissed their application to modify a prior custody order regarding their daughter, born in 1991. The Family Court had found no substantial change in circumstances to warrant a modification, deeming it in the child's best interest to remain in the respondent's custody. The appellate court affirmed this decision, deferring to the Family Court's assessment of testimony and witness credibility. The court noted the child's positive development under the existing custody arrangement and rejected the petitioner's arguments concerning a school counselor's testimony versus a psychiatric social worker's recommendation, as well as the child's separation from a half-sibling.

CustodyVisitationChild's Best InterestFamily LawCustody ModificationAppellate ReviewParental FitnessChange of CircumstancesWarren County
References
9
Case No. ADJ390857 (VNO 0495491)
Regular
Nov 18, 2014

MERCEDES WITTERMAN vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CRUM AND FORSTER

The Appeals Board granted removal and dismissed the defendant's petition for reconsideration regarding a WCJ's order to send van modification documents to an Agreed Medical Examiner. The Board determined that the specific type of lift required for the applicant's van is not a medical issue for an AME, but rather requires expertise in van modification. Therefore, the matter was returned to the WCJ for further proceedings and to obtain evidence from qualified experts in van modifications. The WCJ's original order was rescinded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical Examiner (AME)Utilization Review (UR)Independent Medical Review (IMR)van modificationpower chairliftmedical question
References
3
Case No. MISSING
Regular Panel Decision
Dec 12, 2005

Sassower-Berlin v. Berlin

This case details an appeal by the Law Guardian for the children and the father from a Family Court order in Nassau County, entered December 12, 2005. The underlying proceeding aimed to modify a 2001 divorce judgment that had terminated the mother’s visitation rights. Appellants sought to vacate orders directing forensic examinations of the father and children, and to summarily dismiss the modification proceeding. The appellate court dismissed the appeal concerning one child as academic. It found the order for the father's examination erroneous but affirmed the discretion to order children's evaluations. However, in exercising its own discretion, the court granted the motion to vacate the forensic examinations for the minor children due to their opposition and prior trauma. The court denied the motion to summarily dismiss the mother's petition, allowing it to proceed to a hearing.

Child visitationDivorce judgment modificationForensic examinationsMental health evaluationAppellate reviewFamily Court ActChildren's welfareJudicial discretionLaw GuardianChildren's wishes
References
7
Case No. 71 Civ. 2877
Regular Panel Decision

Commission v. Local 638 ... Local 28 of Sheet Metal Workers International Ass'n

The City of New York moved to modify a prior contempt order to establish a hiring hall operator selection committee and secure compensation for its representatives. Defendant Local 28 opposed the compensation, suggesting alternative funding or a delay pending a financial audit. The court granted the modification, authorizing the committee's formation and ordering Local 28 to pay the plaintiff's representatives at the journeyperson hourly rate, plus expenses. The judge dismissed Local 28's financial hardship claims due to insufficient evidence and the union's history of non-compliance with anti-discrimination orders. This decision ensures the effective implementation of equal employment opportunities for nonwhite members through the hiring hall.

DiscriminationContemptHiring HallCompensationUnionAffirmative ActionEmployment OpportunitiesJudicial ReviewCivil RightsSanctions
References
10
Case No. MISSING
Regular Panel Decision

Von Dwingelo v. Dwingelo

This case involves an appeal from an order of the Family Court of Clinton County, which granted the petitioner's application to modify a prior custody order. The parties, married in 1991, had a daughter, Crystal, born in 1992, and initially shared joint custody with the respondent having physical custody. In 1998, the petitioner sought physical custody, and the Family Court ruled in his favor, prompting the respondent's appeal. The appellate court affirmed the modification, citing substantial changes in circumstances over four years that warranted a change to ensure Crystal's best interests. The respondent's unstable lifestyle, including frequent moves, a welfare fraud conviction, and disregard for visitation, contrasted with the petitioner's established stability and efforts to maintain a relationship with his daughter.

custody modificationchild custodybest interest of the childparental fitnessfamily courtvisitation rightsappellate reviewparental stabilityresidential changeswelfare fraud
References
6
Case No. MISSING
Regular Panel Decision

Norwood v. Capone

This case involves an appeal from an order of the Otsego County Family Court which modified a prior custody order. The petitioner and respondent, divorced parents of two sons with special needs, Christopher and Anthony, were initially granted joint custody with physical custody to the respondent. The petitioner sought to modify this arrangement due to concerns about the respondent's care for the children, particularly regarding Anthony's behavioral issues and alleged physical violence by the respondent. A family offense petition was also filed. The Family Court transferred physical custody to the petitioner and allowed the children to relocate to Kentucky, while maintaining joint custody. The family offense petition was dismissed. On appeal, the court affirmed the Family Court's decision, finding that the change in circumstances and the children's best interests supported the modification, particularly for Anthony, as Christopher had aged out of Family Court jurisdiction. The appellate court upheld the Family Court's assessment of parental fitness and the decision to allow relocation.

Custody ModificationFamily OffenseChild CustodySpecial Needs ChildrenRelocationParental FitnessBest Interests of the ChildDomestic ViolenceTemporary Order of ProtectionFamily Court Appeal
References
9
Case No. MISSING
Regular Panel Decision

Barnhart v. Coles

This case involves appeals concerning a child custody modification and a denied motion for renewal. The Family Court granted the petitioner's application to modify a prior custody order, transferring sole custody of their son, Joshua, from the respondent to the petitioner. The court found that the respondent engaged in deceit and fabrication to undermine the petitioner's relationship with the child, including falsely alleging abuse. Additionally, the respondent's history of alcohol abuse and the child's negative behavioral changes when contact with the petitioner was curtailed were cited as factors. The appellate court affirmed the Family Court's decision, emphasizing deference to its factual findings and credibility assessments, and upheld the denial of the respondent's claim of ineffective assistance of counsel.

custody disputevisitation rightsparental alienationchild's best interestcredibility assessmentalcohol abuseineffective assistance of counselFamily Court proceedingsappellate reviewcustody modification
References
3
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