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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

Cianciulli v. Perales

This case concerns a petitioner's challenge under CPLR article 78 against determinations by the New York State Commissioner of Social Services. The Commissioner affirmed a local agency's decision to discontinue the petitioner's Aid to Families with Dependent Children (AFDC) grant due to receiving a lump-sum income exceeding household needs. The Commissioner also affirmed that a $2,600 loan repayment was not a life-threatening circumstance, thus not deductible from the lump-sum income for AFDC reapplication. The court confirmed both determinations, finding the petitioner's arguments lacked merit. It rejected claims that regulation 18 NYCRR 352.29 [h] violates constitutional duties or statutory mandates, or creates an invalid conclusive presumption of income availability. The court upheld the Commissioner's interpretation that life-threatening situations occur after lump-sum receipt, not for prior debts, even if those debts were for life-threatening circumstances at the time they were incurred.

AFDCLump-sum incomePublic assistanceSocial Services LawLife-threatening circumstanceLoan repaymentAdministrative reviewConstitutional lawStatutory interpretationEligibility criteria
References
7
Case No. MISSING
Regular Panel Decision
Jan 26, 1982

Hodge v. D'Elia

This case involves a proceeding under CPLR article 78 to review a determination by the State Commissioner of Social Services. The determination affirmed a local agency's decision to reduce the petitioner's public assistance grant. This reduction was for the recoupment of income tax refunds and workers' compensation benefits received by the petitioner. Although the court agreed that the petitioner willfully withheld information, it found that the respondents failed to evaluate if the recoupment rate would cause undue hardship. Consequently, the court annulled the determination and remitted the matter for further proceedings to assess undue hardship.

Public AssistanceRecoupmentIncome Tax RefundsWorkers' Compensation BenefitsUndue HardshipCPLR Article 78Administrative ReviewFair HearingAnnulmentRemittal
References
1
Case No. MISSING
Regular Panel Decision

Psaty & Fuhrman, Inc. v. New York State Tax Commission

Petitioner, a general contracting firm involved in the construction of the Nelson A. Rockefeller Empire State Plaza, faced a personal income tax assessment for additional payments made to 16 employees. These payments, characterized as per diem living and travel allowances, did not have New York State income taxes withheld. The State Tax Commission, after an audit and hearing, ruled these were supplemental wages subject to withholding tax, not reimbursements. Petitioner initiated a CPLR article 78 proceeding, bearing the burden of proof, to challenge this determination. The court, noting the payments lacked a fixed formula and some recipients lived locally, found the respondent acted reasonably. The determination was confirmed, and the petition dismissed.

Personal Income TaxWithholding TaxSupplemental WagesPer Diem PaymentsTravel AllowanceLodging AllowanceCPLR Article 78Burden of ProofTax DeficiencyState Tax Commission
References
1
Case No. M2010-02173-COA-R3-JV
Regular Panel Decision
Oct 05, 2011

In Re: Brittany M. A.

This case involves an appeal from the Juvenile Court of Wilson County concerning child support and parental custody. The father filed a petition to become the primary residential parent and sought to establish child support. The Trial Court granted temporary custody to the father and determined the mother's annual income to be not less than $90,000 for child support calculations. The mother appealed this income determination. The Court of Appeals concluded that the Trial Court abused its discretion because the evidence did not support the income level set. Consequently, the appellate court modified the mother's annual income downward to $52,000 and remanded the case to the Trial Court for recalculation of retroactive and prospective child support.

Child SupportIncome DeterminationAbuse of DiscretionAppellate ReviewParental CustodyEvidentiary FoundationModification of JudgmentChild Support GuidelinesImputed IncomeResidential Parent
References
7
Case No. W2016-01665-COA-R3-JV
Regular Panel Decision
Feb 23, 2018

In Re: Samuel P.

This is an appeal regarding a long-standing custody and child support dispute between J. Vincent P. (Father) and Cynthia Ann P. (Mother) concerning their son, Samuel P., heard in the Court of Appeals of Tennessee. The juvenile court found the Father in criminal contempt, modified the parenting plan to reduce his time and grant Mother sole decision-making, imputed income for child support, and awarded attorney's fees to the Mother. The Father appealed these rulings, questioning the criminal contempt finding, the material change of circumstances, the imputation of income, mother's income deductions, attorney's fees, and the non-disqualification of Mother's counsel. The appellate court vacated the trial court's imputation of income and child support awards, remanding the case for further proceedings to determine the Father's income. All other rulings, including the criminal contempt finding and the modification of the parenting plan, were affirmed by the appellate court.

Parental RightsChild CustodyChild SupportContempt of CourtParenting Plan ModificationImputed IncomeAttorney's FeesJuvenile LawAppellate ReviewDiscovery Abuse
References
61
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. MISSING
Regular Panel Decision

In re Jewish Child Care Ass'n, ex rel. Daphne K.

An authorized agency appealed an order from the Family Court, Queens County, which dismissed petitions to terminate parental rights and terminated placement of the children. The appellate court reversed and remanded the proceedings, finding that the Family Court's determination was based on an insufficient record, particularly regarding the psychiatric evaluation of the respondent father. The Family Court had heavily relied on Dr. Robbins' testimony, which contradicted other diagnoses of schizophrenia. The appellate court concluded that further psychiatric testimony, including that of Dr. Rudy, was necessary to make a proper determination concerning the parents' mental condition and the children's best interests, especially given the extended period of foster care.

Parental Rights TerminationChild WelfareMental Health EvaluationPsychiatric TestimonyFamily Law AppealConflicting Medical OpinionsSufficiency of EvidenceRemand for Further ProceedingsFoster Care PlacementSocial Services Law
References
1
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. 02-16-00216-CV
Regular Panel Decision
Aug 02, 2018

Lori DeAngelis and Laurie Robinson v. Protective Parents Coalition, Jennifer Olson, Deborah Logsdon, Jayne Peery, Marie Howard, AND Holly Carless

Lori DeAngelis and Laurie Robinson (the Attorneys) sought pre-suit discovery against Protective Parents Coalition (PPC) and its members (the Court Watchers) for alleged defamation stemming from online statements about their professional conduct in Tarrant County family courts. The Court Watchers successfully moved to dismiss under the Texas Citizens Participation Act (TCPA), asserting free speech protections. The appellate court affirmed the dismissal, ruling that the TCPA applies to Rule 202 petitions and that the Attorneys failed to justify the need for pre-suit discovery. However, the court reversed the trial court's award of attorney's fees, citing the use of an incorrect standard, and remanded for a proper determination of reasonable fees, including appellate fees for one of the Court Watchers.

Texas lawCivil procedureRule 202TCPAAnti-SLAPPFreedom of speechDefamationPre-suit discoveryAttorney's feesSanctions
References
95
Case No. MISSING
Regular Panel Decision

Claim of Gabisch v. J. F. C. Rental Corp.

Martin C. Gabisch died from injuries sustained in a work-related accident on March 28, 1985. His parents, Martin J. Gabisch and his wife (referred to as Claimant Mother), filed a claim for compensation asserting dependency. Initially, a finding of dependence was made, but the Workers’ Compensation Board reversed this, concluding that the claimants were not wholly or partially dependent on the decedent. The claimants subsequently appealed this Board decision. The court reviewed the evidence, noting that the deceased contributed approximately $550 per month to the family income, while the claimant father earned about $3,000 per month. The court determined that the evidence presented did not establish that the claimants were dependent upon the decedent, as they needed to prove they were not independently self-supporting. Consequently, the Board’s decision was affirmed.

Parental DependencyWorkers' CompensationAppellate ReviewFinancial SupportWork-Related AccidentDependency ClaimBoard DecisionAffirmation
References
1
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