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

Case No. 2008 NY Slip Op 31457(U)
Regular Panel Decision
May 30, 2008

Parente v. 277 Park Avenue LLC

Plaintiff Dennis Párente, an operating engineer, sustained injuries after falling from a ladder while investigating a malfunctioning booster fan in an office leased by defendant Chase. The original Supreme Court ruling denied Párente's partial summary judgment motion under Labor Law § 240 (1) and dismissed the complaint. This Appellate Division order modified that decision, finding that Párente's activity constituted repair, not routine maintenance, thus making Labor Law § 240 (1) applicable and imposing absolute liability. Consequently, Párente's motion for summary judgment on this claim was granted, and the defendants' cross-motion for dismissal was denied. Other claims under Labor Law §§ 241 (6), 200, and common-law negligence were properly dismissed, and triable issues of fact remain concerning a third-party indemnification action.

Ladder FallBooster Fan RepairLabor Law § 240(1)Absolute LiabilitySummary Judgment MotionWorkplace SafetyWorker InjuryEmergency RepairThird-Party ActionIndemnification Claim
References
6
Case No. 03-22-00126-CV
Regular Panel Decision
Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review
References
62
Case No. M2022-01719-COA-R3-CV
Regular Panel Decision
Apr 18, 2024

Parents' Choice Tennessee v. Jason Golden, in his Official Capacity as Superintendent of Williamson County Schools

This appeal arose from a lawsuit brought by parents and an education-focused parents’ rights organization against the Williamson County Board of Education. They challenged the Board's Wit & Wisdom curriculum, asserting it violated Tennessee laws restricting Common Core instructional materials and prohibiting certain concepts in public schools. The trial court dismissed the suit, citing the plaintiffs' lack of standing and failure to exhaust administrative remedies for one claim. On appeal, the Court of Appeals affirmed the dismissal of claims by a family who had left the school system and upheld the dismissal of the prohibited concepts claim for failure to exhaust administrative remedies. However, the appellate court reversed the trial court's finding of lack of standing for other plaintiff families and the parents' rights organization, and it also reversed the dismissal of the Common Core claim, remanding that part of the case for further proceedings.

Education LawSchool CurriculumCommon Core StandardsProhibited ConceptsStanding LawAdministrative Remedies ExhaustionJudicial ReviewDeclaratory ReliefInjunctive ReliefTennessee Court of Appeals
References
60
Case No. 2024 NY Slip Op 05612 [232 AD3d 1011]
Regular Panel Decision
Nov 14, 2024

Matter of Gonzalez v. Northeast Parent & Child Socy.

Claimant Wilfredo Gonzalez filed a workers' compensation claim after an injury in October 2021. The claim was established, and his counsel was granted an initial fee. Following the carrier's late payment of awards, penalties were assessed against the carrier payable to the claimant. Claimant's counsel sought an additional $480 in fees, approximately 15% of the assessed penalties, which was denied by the Workers' Compensation Law Judge and upheld by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed these denials, ruling that the amended Workers' Compensation Law § 24 does not provide for the award of counsel fees payable from penalties imposed under Workers' Compensation Law § 25 or otherwise.

Counsel FeesWorkers' Compensation LawLate Payment PenaltiesStatutory InterpretationAppellate ReviewBoard DecisionsClaim EstablishmentAttorney FeesJudiciary Law
References
3
Case No. MISSING
Regular Panel Decision
Jul 24, 2000

Walton v. Walton

The mother appealed a Family Court order from Queens County, dated July 24, 2000, which awarded custody of her child to the father following a hearing. The appellate court, while possessing broad review authority, emphasized the significant weight given to the trial court's assessment of witness credibility and the parties' character. Custody decisions, it noted, are primarily guided by the child's best interests, considering factors such as home environment, parental guidance, emotional and intellectual development, financial stability, and parental fitness. The court concluded that the hearing court properly considered these factors based on extensive testimony and observations. Consequently, the appellate court affirmed the order granting custody to the father.

Custody DisputeFamily LawAppellate ReviewBest Interest of ChildParental GuidanceWitness CredibilityHearing Court DeferenceChild DevelopmentParental FitnessJudicial Review
References
12
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. 2023 NY Slip Op 00103 [212 AD3d 644]
Regular Panel Decision
Jan 11, 2023

Pecora v. Fitness Intl., LLC

Michael Pecora appealed from an order granting summary judgment to Fitness International, LLC, in a personal injury action. Pecora alleged he contracted infections, including MRSA, from using a sauna at the defendant's health club. The Appellate Division, Second Department, affirmed the lower court's decision. The court found that the defendants demonstrated the plaintiff could not prove the pathogen originated at their facility, noting MRSA's common transmission, regular cleaning, and lack of prior complaints. The plaintiff failed to raise a triable issue of fact, leading to the affirmation of the dismissal.

Personal InjurySummary JudgmentPremises LiabilityMRSAHealth ClubProximate CauseSpeculationDangerous ConditionInfectious DiseaseAppellate Review
References
17
Case No. MISSING
Regular Panel Decision

In re Leon RR

This dissenting opinion addresses a case concerning the permanent termination of parental rights for an infant, Leon, Jr., who had been in the physical custody of foster parents since 19 months of age. The dissent argues that the St. Lawrence County Department of Social Services consistently undermined the natural parental relationship, encouraging the foster parents and failing to make diligent efforts to assist the natural parents in maintaining their connection with the child. It criticizes the agency for not carrying out a plan for reintegration and for encouraging the infant's attachment to the foster parents while limiting natural parental visitation. The opinion asserts that the record is inadequate to support the termination of parental rights, highlighting that the natural parents had previously had their other children returned to them and had cooperated with caseworkers. The dissent concludes that the administrative agency's conduct amounted to an abuse of the temporary placement system and votes to reverse the order, seeking dismissal of the petition for permanent termination of parental rights and remittal for consideration of continued custody.

Parental Rights TerminationChild Custody DisputeFoster Care SystemChild WelfareFamily LawBest Interests of the ChildJudicial DissentDepartment of Social ServicesFamily Court ActParent-Child Relationship
References
6
Case No. MISSING
Regular Panel Decision

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
Case No. MISSING
Regular Panel Decision
Jun 27, 2006

In re Kadiatou B.

This case concerns an appeal of an order from the Family Court, Bronx County, which dismissed a derivative neglect petition against respondent parents. The petition was based on a prior finding of child abuse in 2002, stemming from the 1999 death of their three-month-old baby, Kadiatou, due to blunt impact to the head and multiple skull fractures. The Appellate Division affirmed the dismissal, finding that the prior abuse finding was inconclusive regarding the parents' direct role and was sufficiently remote in time. Furthermore, the court noted significant positive changes in the parents' behavior, their successful completion of parenting skills courses, individual psychotherapy, and continued engagement with family services. The Administration for Children's Services (ACS) failed to present specific evidence linking Kadiatou's injuries to intentional parental conduct or demonstrating a continued faulty understanding of parental duties.

Child NeglectChild AbuseDerivative NeglectParental DutiesChange in CircumstancesRes Ipsa LoquiturMedical Examiner FindingsHomicideSkull FracturesFamily Court Act
References
6
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