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

Case No. 2025 NY Slip Op 25024
Regular Panel Decision
Jan 29, 2025

Matter of W.S. v. G.S.

The petitioner (W.S.) filed a family offense petition against the respondent (G.S.), his sister, alleging harassment in the second degree. W.S. claimed G.S. threatened 'further consequences' and made false statements in a Mental Hygiene Law article 9 petition, leading to W.S.'s arrest. G.S. argued her statements were privileged and made due to genuine fear and concerns about W.S.'s mental health and hoarding. The court held that communications made in support of a Mental Hygiene Law petition are subject to a qualified privilege and serve a 'legitimate purpose' unless made with knowing/reckless disregard of falsity and solely to alarm/annoy. The court found W.S. failed to prove G.S.'s statements met this higher standard or that her other alleged actions constituted harassment. Consequently, the petition was dismissed.

Family OffenseHarassment Second DegreeMental Hygiene Law Article 9Qualified PrivilegeLegitimate Purpose DefenseIntent to HarassBurden of ProofCredibility of WitnessesStatements to PoliceMalice Standard
References
22
Case No. MISSING
Regular Panel Decision
Aug 06, 2007

In re G.S.

A nursing home, Split Rock Rehabilitation & Health Care Center, filed a petition for the appointment of a guardian of the property for G.S., an alleged incapacitated person, citing an outstanding debt of over $200,000. G.S.'s son, D.R., held a power of attorney and health care proxy, managing her finances, including the proceeds from the sale of her home. The nursing home alleged D.R. mishandled funds and was uncooperative, seeking to revoke the power of attorney. The court, however, found no clear and convincing evidence of mishandling, and G.S. reaffirmed her trust in her son. The court denied the petition, emphasizing that a guardianship application is not the appropriate avenue for debt collection and that G.S. had a sufficient plan for her affairs through her son.

GuardianshipIncapacitationPower of AttorneyMental Hygiene LawFinancial Mismanagement AllegationNursing Home LitigationDebt CollectionFiduciary ResponsibilityCourt DiscretionElder Law
References
3
Case No. MISSING
Regular Panel Decision
Apr 20, 2015

S.B. ex rel. S.B. v. New York City Department of Education

The case involves plaintiffs S.B. (parent) and E.G. challenging an administrative decision regarding E.G.'s Individualized Education Plan (IEP). The plaintiffs sought tuition reimbursement for E.G.'s unilateral placement in a private school after alleging the New York City Department of Education (DOE) failed to provide a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The district court reviewed the Impartial Hearing Officer's (IHO) and State Review Officer's (SRO) conflicting decisions. The court granted plaintiffs' summary judgment motion on the IDEA claim, finding procedural and substantive IEP violations and that the proposed public school placement was inappropriate. However, the court denied plaintiffs' claims under the Rehabilitation Act, ADA, and 42 U.S.C. § 1983, as no bad faith or gross misjudgment was demonstrated. The defendants' cross-motion was accordingly denied for the IDEA claim and granted for the other claims.

IDEAFAPEIEPTuition ReimbursementSpecial EducationDue Process HearingAdministrative ReviewSummary JudgmentRehabilitation ActADA
References
42
Case No. MISSING
Regular Panel Decision

Indagro S.A. v. Bauche S.A.

Indagro S.A. initiated a maritime attachment action against Bauche S.A. to recover demurrage payments allegedly due under a fertilizer sale contract. Indagro claimed to have fulfilled its obligations, but Bauche failed to pay demurrage. Indagro obtained an ex parte Rule B Order, resulting in $804,219.90 of Bauche's funds being restrained. Bauche moved to vacate this order, arguing the contract was not maritime in nature and Indagro's claim was merely a contingent indemnity. The court, presided over by Judge Paul G. Gardephe, ruled that Indagro failed to demonstrate a valid prima facie maritime claim, asserting that the sales contract's primary objective was non-maritime, and the "demurrage" provision was likely a contingent indemnity not yet ripe. Consequently, Bauche's motion to vacate was granted, the Rule B Order was vacated, and the verified complaint was dismissed.

Maritime attachmentRule B OrderDemurrageContract disputeAdmiralty jurisdictionSeverable maritime obligationContingent indemnity claimEnglish lawVacatur of attachmentSale of goods
References
52
Case No. MISSING
Regular Panel Decision

Laura G. v. Peter G.

This case addresses the paternity and child support obligations of a husband, Peter G., for a child, Alyssa, conceived through artificial insemination during his marriage to Laura G. The separation agreement initially absolved Peter G. of financial responsibility for Alyssa, which the court previously deemed void against public policy. The central issues were whether strict compliance with Domestic Relations Law § 73 for artificial insemination consent was required, and if Peter G. was responsible for child support based on consent or equitable estoppel. The court found that strict compliance with DRL § 73 was not required, and clear and convincing evidence showed Peter G.'s consent to the insemination. Furthermore, the court applied the doctrine of equitable estoppel, citing Peter G.'s actions and representations, and the best interests of the child, to hold him responsible for child support.

Artificial InseminationPaternityChild SupportEquitable EstoppelDomestic Relations LawFamily Court ActParental ObligationVasectomySeparation AgreementConsent
References
13
Case No. MISSING
Regular Panel Decision

In re Yamillette G.

This case concerns the death of 19-month-old Hailey G. and the subsequent motion for summary judgment filed by the Administration for Children’s Services against the respondent mother, Marlene M., and the respondent father, Edwin G. The motion sought findings of abuse and severe abuse following their criminal convictions for manslaughter related to Hailey's death. The court granted the motion in part, affirming findings of abuse and derivative abuse against both respondents under the Family Court Act. It also found Marlene M. severely abused Hailey and both respondents derivatively severely abused Yamillette under Social Services Law. The decision clarified the application of severe abuse findings, particularly for a non-parent of the deceased child.

Child FatalityManslaughter ConvictionSevere Child AbuseDerivative AbuseSummary JudgmentParental Rights TerminationFamily Court ActSocial Services LawChild Protective ServicesDepraved Indifference
References
10
Case No. MISSING
Regular Panel Decision
Apr 30, 1998

Nos v. Greenpoint Manufacturing & Design Center Local Development Corp.

Greenpoint Manufacturing and Design Center Local Development Corporation, the owner and lessor of a property, appealed an order denying its motion for summary judgment on common-law indemnification against S & G Woodworking, Inc. A worker employed by S & G was allegedly injured after falling from a ladder on Greenpoint's premises. The appellate court found no evidence that Greenpoint supervised or controlled the plaintiff's work, thus establishing its right to indemnification from S & G. The order was reversed, the motion for summary judgment was granted, and Greenpoint was deemed entitled to recover legal expenses incurred in defending the plaintiff's claims.

Personal InjuryCommon-law indemnificationSummary JudgmentAppellate DivisionWorker InjuryPremises LiabilityEmployer LiabilityLessor LiabilityThird-party actionLegal Expenses
References
4
Case No. 2018 NY Slip Op 01069 [158 AD3d 703]
Regular Panel Decision
Feb 14, 2018

Matter of Bella S. (Sarah S.)

The case "Matter of Bella S. (Sarah S.)" involves an appeal from a Family Court order that found Sarah S. (mother) neglected her child, Bella S. The Administration for Children's Services had petitioned, alleging the mother's untreated bipolar disorder and other mental illnesses put the child at risk. The Family Court agreed, but the Appellate Division, Second Department, reversed this finding. The Appellate Division concluded that the petitioner failed to prove inadequate treatment or imminent harm, noting the mother's consistent efforts in seeking housing, prenatal care, methadone treatment, and psychiatric medication. Consequently, the petition against the mother was denied, and the proceeding dismissed.

Child NeglectParental RightsMental IllnessBipolar DisorderAdequate TreatmentAppellate ReviewBurden of ProofImminent DangerFamily Court ActKings County
References
8
Case No. 2018 NY Slip Op 07960
Regular Panel Decision
Nov 20, 2018

Matter of Juliette S. v. Tykym S.

This case involves an appeal by Juliette S. against Tykym S. concerning the dismissal of her petition to modify a custody and visitation order. The Family Court in New York County had dismissed the petition without a hearing. The Appellate Division, First Department, reversed this decision, stating that the Family Court erred by dismissing the petition solely based on an 'unfounded' child abuse letter, which was hearsay, and without allowing the mother to respond. The Appellate Division concluded that the mother's allegations of changed circumstances, including the children's expressed fear of the father, were sufficient to warrant a hearing to determine the child's best interests. The matter was remanded back to the Family Court for further proceedings.

Custody modificationvisitation rightschild's best interestsFamily Court proceduredue processhearsay evidencechanged circumstanceschild abuse allegationsparental rightsappellate review
References
3
Case No. 2025 NYSlipOp 06808
Regular Panel Decision
Dec 09, 2025

Matter of C.G. (E.G.)

The Appellate Division, First Department, addressed an appeal concerning a Family Court's finding of neglect against respondent mother, E.G., regarding her child, C.G. The court affirmed the finding of neglect, citing two instances of the mother's violent and belligerent conduct that necessitated social services intervention to ensure the child's safety and well-being. These incidents included an attempted stabbing and an altercation with police in Texas that frightened and injured the child. The court determined the child's emotional well-being was at imminent risk due to the mother's actions. The appeal of the dispositional order was dismissed as moot because its terms had expired, and the child had been discharged back to the mother's care. The court also rejected the mother's contention regarding conforming pleadings to proof, finding ample notice was provided.

Child NeglectParental MisconductFamily Court ActAppellate DivisionMootness DoctrineFact-Finding DeterminationDispositional OrderChild SafetyProtective ServicesViolent Conduct
References
7
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