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

Case No. MISSING
Regular Panel Decision
Oct 04, 2004

People v. Arotin

The case concerns an appeal by an unnamed defendant against an order from the Saratoga County Court, which classified him as a risk level III sex offender under New York's Sex Offender Registration Act. The defendant, previously convicted in Ohio for attempted gross sexual imposition and classified as a "sexually oriented offender," contested the New York classification upon his relocation, arguing the Full Faith and Credit Clause should compel New York to recognize his lower Ohio classification and that the evidence was insufficient for a Level III designation. The appellate court affirmed that states have the power to apply their own registration requirements, rejecting the Full Faith and Credit argument. However, it found that specific factors used to justify the level III classification, namely "deviate sexual intercourse" and "history of substance abuse," lacked clear and convincing evidence. Consequently, the appellate court reversed the order and remitted the matter to the County Court for reclassification.

Sex Offender Registration ActRisk Level ClassificationFull Faith and Credit ClauseRecidivismSexually Oriented OffenderAppellate ReviewClear and Convincing EvidenceOhio LawNew York LawSex Offender Assessment
References
19
Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
Case No. MISSING
Regular Panel Decision
Aug 17, 2017

In re Harris

The State filed a civil petition to commit Bobby Lee Harris for involuntary treatment and supervision as a sexually violent predator under the Texas Civil Commitment of Sexually Violent Predators Act. The jury found Harris to be a sexually violent predator, leading to a civil commitment order. Harris appealed, challenging the legal and factual sufficiency of the evidence that his future acts would be predatory, and the trial court's partial directed verdict on his repeat sexually violent offender status. The appellate court affirmed the judgment, concluding that the evidence was sufficient to support the jury's finding of a behavioral abnormality predisposing him to sexually violent offenses, and that a partial directed verdict on the repeat sexually violent offender element was permissible when no fact issue exists.

Sexually Violent Predator ActCivil CommitmentBehavioral AbnormalityPredatory ActRepeat Sexually Violent OffenderLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceDirected VerdictPedophiliaAntisocial Personality Disorder
References
29
Case No. 2024 NY Slip Op 03392
Regular Panel Decision
Jun 20, 2024

Matter of State of New York v. Anthony R.

This case concerns the appeal of an order civilly committing Anthony R. as a dangerous sex offender under Mental Hygiene Law article 10. Anthony R. had a history of sex offenses and prior confinement, followed by release under strict and intensive supervision and treatment (SIST). After a period of compliance, he violated SIST conditions due to changes in his medication and treatment. The Supreme Court ordered his recommitment based on these violations, including substance abuse and aggressive non-sexual behavior. The Appellate Division reversed this decision, holding that the State failed to demonstrate by clear and convincing evidence that Anthony R. is *presently unable* to control his sexual conduct. The court found no persuasive link between his non-sexual SIST violations and an inability to control sexual behavior. The case was remanded for a new commitment order, clarifying that Anthony R. requires continued strict and intensive supervision, but not confinement.

Mental Hygiene LawSex OffenderCivil CommitmentSISTMental AbnormalityDangerousness AssessmentControl BehaviorAppellate DivisionReversalRemand
References
6
Case No. MISSING
Regular Panel Decision
Dec 20, 1999

People v. Victor J.

Defendant Victor J. was charged with child sexual abuse spanning his minority and adulthood, prompting questions about the Supreme Court's jurisdiction and his eligibility for youthful offender treatment. The court found it had jurisdiction over the continuous offenses and considered defendant's history as a child sexual abuse victim as a mitigating circumstance directly related to his conduct. This finding qualified him as an "eligible youth" under CPL 720.10 (3) (i), despite the prosecution's opposition. Exercising its discretion, the court granted youthful offender adjudications for counts committed as an adult and juvenile delinquent adjudications for those committed as a minor. The final decision included withdrawing his sex offender certification and imposing a probationary sentence with mandated therapeutic intervention, prioritizing rehabilitation over adult incarceration.

Child Sexual AbuseYouthful Offender StatusCriminal JurisdictionMitigating CircumstancesJuvenile DelinquencyContinuing OffenseSexual Abuse VictimizationPsychological AssessmentProbationary SentenceSex Offender Registration Act (SORA)
References
15
Case No. CV-23-1648
Regular Panel Decision
Feb 20, 2025

Matter of Ava OO. (Michael NN.)

This is an appeal from a Family Court order adjudicating children neglected and directing the father, Michael NN., to undergo sex offender treatment. Michael NN. and the mother, Leanna MM., consented to a neglect finding after allegations of domestic violence and child sexual abuse by the father. A key condition was for the father to complete a sex offender evaluation. Although the father submitted an evaluation, the Family Court deemed it insufficient as it was not from the named evaluator, was perfunctory, and lacked a crucial section completion. The Appellate Division affirmed the Family Court's decision, finding a sound and substantial basis in the record for not returning the youngest child to the father's care until he obtains a proper sex offender evaluation and engages with recommended treatment. The court also ruled an argument regarding an expired order of protection as moot.

Family LawChild NeglectAppellate ReviewSex Offender EvaluationDispositional OrderBest Interests of the ChildFamily Court Act Article 10Consent OrderMootnessParental Rights
References
13
Case No. MISSING
Regular Panel Decision

In re Patrick H.

This case involves an appeal stemming from an order of the Family Court of Tompkins County that adjudicated Patrick H. a permanently neglected child and subsequently terminated the parental rights of the respondent. The child's initial neglect adjudication in 1991 was based on findings that the respondent exposed him to sexual abuse. During the permanent neglect proceeding initiated by the petitioner, allegations were made that diligent efforts were exerted to strengthen the parent-child relationship, but the respondent failed to plan for the child's future, notably by not completing a sex offender treatment program or admitting to prior sexual abuse. The Family Court sided with the petitioner, leading to the termination of parental rights, a decision challenged by the respondent on appeal. The appellate court affirmed the Family Court's order, dismissing the respondent's arguments concerning the admission of the entire case file and the petitioner's alleged failure to make diligent efforts, concluding that the respondent's own actions hindered his access to necessary treatment.

Permanent NeglectParental Rights TerminationChild WelfareDiligent EffortsSex Offender TreatmentFamily CourtAppellate ReviewEvidentiary RulingsChild ProtectionTompkins County
References
10
Case No. E2014-00302-COA-R3-CV
Regular Panel Decision
Jan 30, 2015

American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee

The plaintiff, American Heritage Apartments, Inc., challenged a monthly flat charge imposed by the Hamilton County Water and Wastewater Treatment Authority (County WWTA) for sewer lateral repairs. The trial court granted summary judgment to the County WWTA, finding no private right of action under the Utility District Law of 1937 (UDL). On appeal, the Court of Appeals reversed the summary judgment, concluding the UDL was inapplicable as the County WWTA was formed under the Tennessee Water and Wastewater Treatment Authority Act (WWTA Act). The appellate court held that the WWTA Act implicitly provides a private right of action for ultra vires and contract claims. The court also affirmed the trial court's alternative ruling that class action certification for affected customers was appropriate.

Water UtilityWastewater TreatmentFlat Rate ChargeClass Action CertificationSummary Judgment ReversalPrivate Right of ActionUltra Vires ClaimGovernmental ImmunityUtility District LawWater and Wastewater Treatment Authority Act
References
48
Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. MISSING
Regular Panel Decision

In re Daryl S.

The appellant appealed an order from Suffolk County Family Court dated June 19, 1991, which found him guilty of child abuse and placed him under the supervision of the Suffolk County Department of Social Services, requiring him to attend a sexual offender treatment program. The appellant contested the sufficiency of evidence, arguing the child's out-of-court statements lacked corroboration. However, the court found the statements were corroborated by a pediatrician, Dr. Carl Soranno, who observed physical symptoms consistent with sexual abuse, and by a psychiatric social worker, Laura Papell, who testified about the child's behavioral characteristics. The appellant's claims of ineffective assistance of counsel were also rejected, as the court found his attorney provided meaningful representation. The appellate court affirmed the Family Court's order.

Child AbuseSexual AbuseFamily Court ActSufficiency of EvidenceCorroborationOut-of-court StatementsMedical TestimonyPediatric ExaminationIneffective Assistance of CounselAppellate Review
References
3
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