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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

Hansen v. Post

The petitioner, a child protective worker, sought custody of Christopher Post, whose parents, Rose and William Post, had a documented history of child abuse and neglect, leading to the removal of seven other children from their care. Christopher had also been involved in two prior neglect proceedings. The parents exhibited severe deficiencies in parenting skills, an inability to address Christopher's emotional disturbances, and a history of rejecting assistance. After voluntarily placing Christopher with the petitioner, who became his psychological parent, they abruptly cut off contact. The Family Court found extraordinary circumstances, justified judicial intervention, and granted custody to the petitioner, a decision which the appellate court subsequently affirmed.

Custody DisputeParental UnfitnessChild NeglectExtraordinary CircumstancesFamily Court Act Article 6Child Protective ServicesAppealParental RightsPsychological ParentEmotional Disturbance
References
5
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 Lynda H. M.

This is a guardianship proceeding initiated by St. Christopher's Home under section 384-b of the Social Services Law concerning a child born with methadone withdrawal whose mother died of methadone toxification. The case addresses the paternity of the child, with Louis Antonio M. claiming fatherhood and opposing the adoption, despite Kenneth H. having executed an acknowledgement of paternity. The court ruled that abandonment is a viable ground for terminating parental rights even if the parent is incarcerated. Finding that Mr. M. abandoned the child for over six months, the court granted the petition for guardianship and custody to St. Christopher’s Home, including the power to place the child for adoption.

Child WelfareGuardianshipParental Rights TerminationAbandonmentSocial Services LawDomestic Relations LawIncarcerationPaternity DisputeAdoptionMethadone Withdrawal
References
3
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
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. 2020 NY Slip Op 02138 [182 AD3d 658]
Regular Panel Decision
Apr 02, 2020

Matter of Kristen MM. v. Christopher LL.

This case involves an appeal by Christopher LL. (father) against Kristen MM. (mother) regarding two amended orders from the Family Court of Schenectady County. The Family Court had granted the mother permission to relocate with their twin children to Arizona and dismissed the father's petition for joint legal and physical custody. The father contended that the court's determination lacked a sound and substantial basis in the record. The Appellate Division, Third Department, affirmed the Family Court's decision, finding that the relocation was in the children's best interests due to the mother's role as the primary caretaker and the father's sporadic involvement. The court also found that the fashioned visitation schedule preserved the relationship between the father and the children.

Child RelocationCustody ModificationBest Interests of the ChildParental VisitationFamily Court DecisionAppellate ReviewParental ResponsibilityChild SupportParental AgreementSchenectady County
References
12
Case No. CV-24-0676
Regular Panel Decision
Mar 27, 2025

In the Matter of the Claim of Christopher A. Augone

Claimant Christopher A. Augone had an established claim for work-related neck injuries sustained in 2021. Questions arose regarding prior injuries after a physician referenced a pre-2021 MRI. Despite claimant's denials, records showed a 2017 emergency room visit for neck pain. The employer and carrier alleged a Workers' Compensation Law § 114-a violation for intentional misrepresentation. However, the Workers' Compensation Law Judge and the Board found that the carrier failed to prove intent, accepting claimant's explanation that he didn't consider the 2017 incident significant and forgot about it. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence regarding the lack of intentional misrepresentation.

Workers' Compensation Law § 114-aFraud AllegationMaterial MisrepresentationIntent to DeceiveSubstantial Evidence ReviewCredibility FindingNeck Injury ClaimPrior Medical HistoryAppellate DivisionWorkers' Compensation Board Decision
References
6
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
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. MISSING
Regular Panel Decision
May 30, 1985

O. Children. St. Dominic's Home v. Doris O.

Saint Dominic’s Home petitioned to terminate the parental rights of a mother and father for five children due to permanent neglect. The Family Court initially dismissed these petitions, citing the agency’s insufficient efforts regarding psychological testing for the parents. However, the appellate court reversed this decision, finding that the agency had made diligent efforts despite the parents' uncooperative behavior and repeated failures to maintain contact, plan for their children, and utilize agency services. The court emphasized that diligent efforts do not guarantee parental success, and the parents' prolonged failure to inform the agency of their whereabouts also served as an independent ground for termination. The petitions were granted, and the case was remanded for a dispositional hearing.

Parental Rights TerminationPermanent NeglectDiligent EffortsSocial Services LawFamily Court ActFoster CareVisitation FailureParental PlanningPsychological TestingMethadone Addiction
References
1
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