CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Sondra S. v. Jay O.

This case addresses whether the Family Court has jurisdiction to entertain a paternity proceeding against a putative father who died prior to the commencement of the proceeding. The petitioner initiated the paternity action to establish that the deceased respondent is the father of her child, born out of wedlock. The court examined prior judicial decisions, legislative amendments, and the use of HLA blood tests in paternity cases. It concluded that recent legislative changes and case law imply that such actions should survive the putative father's death. The court ultimately found sufficient authority to permit the filing of the paternity petition and directed the petitioner to serve the deceased father's parents as respondents to ensure an adversarial proceeding.

Paternity JurisdictionPosthumous PaternityChild Support ObligationsEstate InheritanceBlood Test Evidence (HLA)Family Court AuthorityStatutory InterpretationSurvival of ActionDue ProcessLegal Guardianship (for child)
References
17
Case No. MISSING
Regular Panel Decision

In Re: Braxton M.

This case involves the termination of parental rights for Braxton M. and Briley N., children of Kevin M. (Father) and Heather N. (Mother). Maternal Grandparents, William N. and Donna N., petitioned for termination and adoption after the children were removed due to Briley's drug exposure at birth and placed in their custody. While Mother surrendered her rights, Father appealed the trial court's decision to terminate his rights based on abandonment due to willful failure to financially support and visit, as well as putative father grounds. The appellate court affirmed the abandonment findings and the termination of parental rights, but reversed the application of specific statutory grounds for putative fathers, citing an incorrect version of the statute.

Parental RightsChild AbandonmentFinancial SupportChild VisitationPutative PaternityChild's Best InterestDrug AbuseIncarceration ImpactStatutory GroundsAppellate Court Decision
References
46
Case No. MISSING
Regular Panel Decision
Mar 04, 1988

In re Nurse Care Registry, Inc.

Nurse Care Registry, Inc., an agency providing health care personnel, appealed a decision by the Unemployment Insurance Appeal Board that classified its workers as employees rather than independent contractors, making Nurse Care liable for unemployment insurance contributions. The court affirmed the Board's decision, finding substantial evidence of Nurse Care's control over key aspects of the services provided by the workers. This control included client contact, worker wages, and billing/collection, which were deemed indicative of an employer-employee relationship. The court relied on precedent establishing that such control warrants an employment finding, despite workers having full-time positions elsewhere and the agency not directly supervising daily work.

unemployment insuranceemployer-employee relationshipindependent contractoradministrative lawappellate reviewlabor lawagency staffingcontrol testsubstantial evidencehealth care industry
References
4
Case No. MISSING
Regular Panel Decision

Pavone v. Bronson

The case involves a dispute over child custody between a mother and a father, who initially shared joint custody of their son. In late 2008, both parents petitioned for sole custody. During the hearing, allegations of child abuse by the mother, made by the paternal grandfather, were denied by the mother and found unfounded by Child Protective Services. The mother also presented evidence that the father had encouraged the child to lie to his dentist about an injury and feared the father's 'intimidation techniques.' The Family Court, Dutchess County, in an order dated July 15, 2009, granted the mother primary legal and physical custody, denying the father's petition, citing concerns that the father and paternal grandfather might undermine the mother-child relationship. The father appealed this decision. The appellate court affirmed the Family Court's order, finding a sound and substantial basis in the record to support the determination that joint custody was no longer appropriate and that primary custody with the mother served the child's best interests, given her greater willingness to ensure meaningful contact with the other parent.

Custody modificationParental rightsBest interests of the childFamily Court ActAppellate reviewCredibility assessmentJoint custodySole custodyParental alienationChild protection
References
7
Case No. 2019 NY Slip Op 03114 [171 AD3d 1410]
Regular Panel Decision
Apr 25, 2019

Matter of Harry's Nurses Registry, Inc. (Commissioner of Labor)

Harry's Nurses Registry, Inc. (HNR), a staffing agency, appealed a decision from the Unemployment Insurance Appeal Board. The Board had assessed HNR for additional unemployment insurance contributions for health care workers for the years 2008-2010, reversing an Administrative Law Judge's decision. HNR's main contention on appeal was that the Board was bound by a prior unappealed Administrative Law Judge decision from 1999, which had found HNR's health care workers to be independent contractors for an earlier audit period. The Appellate Division, Third Department, affirmed the Board's decision, stating that the Board is not bound by prior unappealed Administrative Law Judge decisions, especially when covering different audit periods and presenting additional factors of control.

Unemployment InsuranceStaffing AgencyHealth Care WorkersIndependent Contractor StatusEmployee StatusUnemployment Insurance Appeal BoardAdministrative Law Judge DecisionStare DecisisAudit PeriodAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Kasun v. Peluso

The father appealed a Family Court order concerning his child support obligation and maintenance. The appellate court ruled that the Family Court erred by reinstating the father's maintenance obligation, as the mother had previously waived her right to object to its termination. However, the court affirmed the Family Court's decision to grant the father a downward modification of his child support, reducing it to $221 per week, rather than the $145 per week he sought. Additionally, the court upheld the Family Court's finding that the father's failure to pay child support was a willful violation, which properly resulted in an award of attorney's fees to the mother.

Child SupportDownward ModificationMaintenance ObligationWillful ViolationAppellate ReviewFamily LawSupport MagistrateWaiver of ObjectionsImputed IncomeAttorney's Fees
References
6
Case No. MISSING
Regular Panel Decision

Matter of Rutland v. O'Brien

The father petitioned to modify a prior custody order, seeking sole legal custody of his children from the mother due to ongoing parental conflict and their inability to communicate effectively. The Family Court found joint custody unworkable, observing instances of both parents exhibiting poor behavior, including the mother denigrating the father and the father restricting communication between the children and the mother. Consequently, the Family Court granted the father sole legal custody while maintaining equal parenting time. The appellate court affirmed this decision, concluding that there was a sound and substantial basis in the record to support the Family Court's findings, despite a harmless error in admitting privileged testimony from the daughter's counselor.

Custody DisputeParental ConflictSole Legal CustodyJoint CustodyParenting ScheduleBest Interests of the ChildFamily CourtAppellate ReviewChild TestimonyPrivileged Communication
References
21
Case No. MISSING
Regular Panel Decision

Wayne County Department of Social Services v. Schultz

William Schultz, Jr., a minor, left his father's home due to unbearable living conditions with his stepfamily. Despite initially supporting himself, he eventually began receiving public assistance. The Department of Social Services then sought reimbursement from his father, who claimed William was emancipated or that he lacked the financial ability to contribute. The court ruled that while William was personally emancipated from his father, this did not relieve the father of his legal obligation to support his son when public funds were involved. Consequently, the court ordered the father to pay $25 per week towards William's support.

EmancipationChild SupportParental ObligationPublic AssistanceMinorFamily LawReimbursementFinancial Responsibility
References
7
Case No. MISSING
Regular Panel Decision

Thomas v. Osborne

The case involves an appeal by the mother from a Family Court order granting the father's application to modify a prior custody order. Initially, the mother had sole custody, but after allegations of child abuse and non-compliance with an order of protection prohibiting contact with two individuals with concerning histories, the Family Court awarded joint legal custody to both parents, with the father having physical custody. Subsequently, both parents filed petitions, and the Family Court found the mother in violation of the order of protection and granted the father sole custody with supervised visitation for the mother. The Appellate Division affirmed, holding that the modification was in the child's best interest, citing the mother's persistent non-compliance and the child's improved well-being under the father's primary care.

Custody DisputeParental RightsChild WelfareFamily Court AppealOrder of Protection ViolationSupervised VisitationBest Interest of the ChildChild Abuse AllegationsModification of CustodyDomestic Violence History
References
20
Case No. MISSING
Regular Panel Decision

John A. v. Bridget M.

This case concerns a child custody dispute involving twin girls born in September 1999. The mother, residing in New York City, had custody until June 2004 when it was granted to the father, conditioned on his relocation. The Family Court found that the mother coached the children to make false accusations of sexual abuse against the father, a finding supported by the Law Guardian and neutral experts. Despite these findings, the appellate court reversed the Family Court's decision, concluding that it was in the best interests of the children to remain with their mother. The court reasoned that awarding custody to the father would mean the children would primarily be raised by their stepmother or paid caregivers due to the father's frequent business travel. The court also noted the mother's desistance from such misconduct since July 2003 and the potential involvement of another adult in planting the false accusations.

Child custodyParental alienationFalse accusationsSexual abuse allegationsBest interests of the childForensic evaluationJudicial discretionFamily lawAppellate reviewRelocation
References
8
Showing 1-10 of 739 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational