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. ADJ3322799
Regular
May 06, 2008

RALPH W. HOUGHTON vs. MATHESON GAS, INTERCARE INSURANCE

This case involves a petition for reconsideration filed by Ralph W. Houghton following a decision by the Workers' Compensation Appeals Board. The Board reviewed the petition and the report of the workers' compensation administrative law judge. The Board adopted the judge's reasoning and issued an order denying the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportDenying ReconsiderationRalph W. HoughtonMatheson GasIntercare InsuranceADJ3322799SFO 0433429
References
0
Case No. 2020 NY Slip Op 00600
Regular Panel Decision
Jan 29, 2020

Matter of Sean CJ Ivan W. (Danica W.)

This case concerns an appeal by the mother, Danica W., from an order terminating her parental rights to her child, Noel Sean CJ Ivan W. The Family Court, Queens County, found that the mother permanently neglected the child and transferred guardianship and custody to Little Flower Children and Family Services of New York and the Commissioner of Social Services of the City of New York for adoption. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the petitioner demonstrated diligent efforts to strengthen the parent-child relationship. However, the mother failed to adequately plan for the child's future despite these efforts. The appellate court also agreed that terminating parental rights and freeing the child for adoption was in the child's best interests, rejecting a suspended judgment.

Parental RightsPermanent NeglectChild WelfareAdoptionFamily LawAppellate DivisionGuardianshipDiligent EffortsBest Interests of ChildSocial Services Law
References
9
Case No. MISSING
Regular Panel Decision

In re Ashley W.

The children Ashley W and Wrenggor W, natives of Haiti, appealed a Family Court, Nassau County order denying their guardianship petition by their paternal aunt, Verdele F, and their motion for special immigrant juvenile status. The Family Court's denial without a hearing was based on the uncle's past conviction. The appellate court dismissed Verdele F.'s appeal but reversed the order concerning Ashley W and Wrenggor W. The case was remitted for a hearing and new determination, as the uncle's criminal record was deemed not an automatic bar.

GuardianshipSpecial Immigrant Juvenile StatusFamily Court ActChild WelfareParental AbuseChild NeglectAbandonmentBest Interests of the ChildCriminal RecordAppellate Review
References
7
Case No. 2017 NY Slip Op 02801
Regular Panel Decision
Apr 12, 2017

Matter of Zachariah W. v. Dominique W.

The Administration for Children's Services (ACS) filed a child neglect petition against Dominique W. four days after she gave birth to Zachariah W. The petition alleged neglect after hospital personnel discovered the mother's limited income and housing situation, leading to the child's emergency removal without providing the mother with housing information or supplies. The Family Court, Kings County, found the mother neglected the child. On appeal, the Appellate Division, Second Department, reversed the Family Court's order, denying the petition and dismissing the proceeding. The appellate court concluded that ACS failed to prove by a preponderance of the evidence that the mother did not provide adequate care, food, clothing, and shelter, or that there was imminent danger of impairment to the child, which is a prerequisite for a neglect finding.

Child NeglectFamily Court ActAppellate DivisionBurden of ProofPreponderance of EvidenceImminent DangerParental CareChild WelfareEmergency RemovalHousing Assistance
References
7
Case No. 2025 NY Slip Op 02831 [238 AD3d 1302]
Regular Panel Decision
May 08, 2025

Matter of Coyle v. W & W Steel Erectors LLC

This case involves an appeal by W & W Steel Erectors LLC and its workers' compensation carrier from a Workers' Compensation Board decision. The Board denied the carrier's request to reopen the claim concerning posthumous wage-loss benefits for the minor son of the decedent, Michael Coyle. Initially, a Workers' Compensation Law Judge awarded benefits to the son, relying on Matter of Green, and the carrier failed to seek administrative review. After the Court of Appeals reversed Green, the carrier sought to reopen the claim, but the Board denied this request due to the lack of a timely administrative appeal. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying the reopening of the claim in the interest of justice.

Workers' CompensationWage-loss benefitsPermanent partial disabilityPosthumous benefitsReopening claimAdministrative reviewAbuse of discretionFinality of decisionAppellate DivisionCourt of Appeals reversal
References
13
Case No. MISSING
Regular Panel Decision
Jul 27, 1992

In re Latisha W.

This case involves an appeal by a mother and father from a Family Court order that found they had abused their children, Latisha W. and Samura W., in a child protective proceeding. The appellate court affirmed the order, concluding that the Commissioner of Social Services had established child abuse by a preponderance of the evidence. The decision relied on the detailed, cross-corroborated out-of-court statements made by both children regarding the abuse. Further corroboration came from a social worker's testimony, which noted the children's consistent statements, bed-wetting, and inappropriate sexual behavior. Additionally, a prima facie case of abuse was established against the mother for failing to protect the children and warning them not to disclose the abuse, which she failed to rebut.

Child abuseParental neglectCorroborated statementsFamily Court Act Article 10Appellate reviewChild witnessesPreponderance of evidenceKings County Family CourtOut-of-court statementsSocial worker testimony
References
3
Case No. 2023 NY Slip Op 01631 [214 AD3d 1463]
Regular Panel Decision
Mar 24, 2023

Matter of Mollie W. (Corinne W.)

This case concerns an appeal filed by Corinne W., the respondent mother, against an order from the Family Court, Erie County. The original order determined that the mother had neglected her three children under Family Court Act article 10. The Appellate Division, Fourth Department, reviewed the findings and affirmed the Family Court's determination of neglect, finding a sound and substantial basis in the record. Evidence presented indicated the children were living in deplorable conditions with severe hygiene issues over several years, which the mother failed to rectify despite interventions. Additionally, the mother had left the children in the unsanitary home with their father. The mother's challenge to the dispositional part of the order was dismissed as moot because permanent custody orders for the children had already been entered.

NeglectChild WelfareFamily Court Act Article 10Parental NeglectDeplorable ConditionsChild HygieneMootnessCustody OrdersAppellate ReviewFact-Finding
References
8
Case No. 2022 NY Slip Op 05820 [209 AD3d 554]
Regular Panel Decision
Oct 18, 2022

Matter of Patrice H.W. (Marcia M.)

This case concerns an appeal regarding the termination of parental rights of Marcia M. to her four children: Patrice H.W., Natalie H.W., Anthony S.W., and Amya S.W. The Appellate Division, First Department, affirmed the Family Court's findings of permanent neglect against Marcia M. concerning Patrice and violations of suspended judgments for the other three children. The court found that Marcia M. failed to plan for Patrice's future by not acknowledging problems leading to foster care placement and failed to comply with terms of suspended judgments for the other children. The appeal also dismissed challenges to the dispositional order as it was entered upon default, and rejected claims of ineffective assistance of counsel, concluding that termination of parental rights was in the children's best interests.

Parental rights terminationpermanent neglectsuspended judgment violationFamily Court appealAppellate Divisionchild welfarefoster caredefault judgmentineffective assistance of counseladoption
References
12
Case No. MISSING
Regular Panel Decision
Oct 01, 1996

In re Leake & Watts Services ex rel. Brandon W.

The mother appealed two orders of disposition issued by the Family Court, Kings County, both dated October 1, 1996. These orders terminated her parental rights concerning her children, Brandon W. and Obazine Courtney W., on the grounds of permanent neglect and transferred their custody to the petitioner. The appellate court affirmed the Family Court's decision, citing the mother's repeated failure to complete drug rehabilitation programs, her inability to provide suitable housing, and inconsistent visitation. The court emphasized that releasing the children to the mother was not in their best interests, noting the strong bond they shared with their foster parents, with whom they had lived for six years alongside their older siblings. The mother's remaining arguments were deemed without merit.

Parental Rights TerminationChild NeglectBest Interests of the ChildFoster CareDrug RehabilitationAppellate ReviewFamily CourtKings CountySocial Services LawChild Custody
References
6
Case No. 2017 NY Slip Op 00959 [147 AD3d 815]
Regular Panel Decision
Feb 08, 2017

Gonsalves v. 35 W. 54 Realty Corp.

The plaintiffs, Andrew Gonsalves and Shahazad M. Rasheed, sustained personal injuries at a construction site managed by Geiger Construction Company, Inc. and owned by 35 W. 54 Realty Corp. when a parapet wall collapsed during the lowering of a power washer. They sued 35 W. 54 Realty Corp. and Perimeter Bridge & Scaffold Co. for Labor Law violations. 35 W. 54 Realty Corp. then initiated third-party actions against Geiger Construction for contribution and common-law indemnification. After a jury found Geiger Construction negligent, the Supreme Court denied Geiger Construction's motions for judgment as a matter of law. The Appellate Division, Second Department, reversed these judgments, concluding that there was no rational basis for the jury to find Geiger Construction negligent, as 35 W. 54 Realty Corp. failed to establish a prima facie case of negligence against them. Consequently, the third-party causes of action against Geiger Construction were dismissed.

Personal InjuryConstruction AccidentLabor LawNegligenceContributionIndemnificationThird-Party ActionAppellate ReviewJudgment as a Matter of LawJury Verdict
References
7
Showing 1-10 of 575 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