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

Case No. CAF 10-01972
Regular Panel Decision
Nov 10, 2011

B., ROYFIK, MTR. OF

This case involves an appeal by the respondent mother from a Family Court order terminating her parental rights over her son, Royfik B., due to mental illness, pursuant to Social Services Law § 384-b. The Appellate Division, Fourth Judicial Department, unanimously affirmed the lower court's decision. The court found that the petitioner, Wayne County Department of Social Services, provided clear and convincing evidence that the mother is presently and for the foreseeable future unable to provide adequate care for the child due to her mental illness, as defined by the Social Services Law. A social worker testified about the mother's treatment progress but did not offer an opinion on her parenting ability. The court also dismissed the mother's contention regarding mental retardation as it was not the basis of the order.

Parental Rights TerminationMental IllnessSocial Services LawFamily Court AppealClear and Convincing EvidenceChild NeglectAppellate ReviewInability to Provide CareParental Fitness
References
5
Case No. MISSING
Regular Panel Decision

In re Daniel AA.

This case is an appeal concerning a Family Court order that terminated parental rights due to permanent neglect. The respondents' children, James and Daniel, were placed in petitioner's custody after a finding of neglect. Despite the petitioner's diligent efforts to provide a service plan, including mental health, substance abuse counseling, and parenting classes, the respondents consistently failed to cooperate, resisted change, and denied the existence of problematic behaviors. The court concluded that the petitioner satisfied its statutory obligations under Social Services Law § 384-b, and the mother was capable of planning for the children's future. Given the respondents' unstable lifestyle, characterized by violence and marital separations, the Family Court's decision to terminate parental rights was affirmed, prioritizing the children's needs for consistency, affection, and a stable environment.

Permanent NeglectParental Rights TerminationDiligent EffortsFamily Court AppealChild WelfareSocial Services LawParental ResponsibilityDomestic ViolenceSubstance Abuse CounselingMental Health Counseling
References
6
Case No. 11-10-00212-CV
Regular Panel Decision
Aug 02, 2012

Nathan Park, Individually and D/B/A Park Mowing Service v. Claude Payne D/B/A Haskell Tractor Service

Claude Payne d/b/a Haskell Tractor Service filed a breach of contract suit against Nathan Park d/b/a Park Mowing Service. After a bench trial, the court found in favor of Payne, awarding damages and attorney's fees. Park appealed, contending Haskell Tractor violated the contract by failing to provide required documentation and that the evidence was insufficient for the damages award. The appellate court affirmed the trial court's judgment, ruling that Park waived the defense of material breach by not requesting additional findings and that the evidence sufficiently supported the award of lost profits and attorney's fees.

Breach of ContractSubcontract AgreementLost ProfitsAttorney's FeesMaterial BreachWaiver of DefenseAppellate ReviewLegal Sufficiency of EvidenceTexas Court of AppealsContract Law
References
10
Case No. MISSING
Regular Panel Decision

Gregory B. v. Gregory F.

This consolidated appeal addresses whether incarcerated parents "permanently neglected" their children under Social Services Law § 384-b (7) (a), thus justifying the termination of parental rights. In Matter of Gregory B., the father, incarcerated since 1980, proposed long-term foster care for his children until his release, which was rejected. Similarly, in Matter of Willie John B. and Matter of Delores B., the father, incarcerated since 1979, also offered indefinite foster care after relatives were found unwilling or unable to provide care. The Court of Appeals affirmed the termination of parental rights in all cases, holding that while 1983 statutory reforms acknowledged special circumstances for incarcerated parents, they did not excuse them from planning for their child's future. The Court concluded that indefinite foster care is not a "viable plan" as it is inconsistent with the purpose of foster care and deprives children of the essential permanency required for proper growth and development.

Permanent NeglectParental Rights TerminationIncarcerated ParentSocial Services LawFoster CareAdoptionChild WelfareFamily LawCourt of AppealsJudicial Review
References
14
Case No. 09-24-00064-CV
Regular Panel Decision
Feb 12, 2026

Universal Protection Service, LP D/B/A Allied Universal Security and Universal Protection Service GP, Inc. v. the Woodlands Mall Associates, LLC

Universal Protection Services, LP d/b/a Allied Universal Security (Allied) and The Woodlands Mall Associates, LLC (TWM) were parties to a Security Agreement. A patron, Penny Prater, sued both Allied and TWM, along with other entities, for negligence after a robbery in the mall parking lot, alleging failures in security services and training. Allied and TWM filed competing motions for summary judgment regarding Allied's contractual duty to defend TWM, which Allied had refused. The trial court granted summary judgment for TWM, finding that Allied had a duty to defend TWM based on the Agreement's terms and Illinois law. Allied appealed this decision, arguing the contract's indemnification provision did not require it to defend TWM for TWM's own alleged negligence. The Court of Appeals affirmed the trial court's judgment, holding that the contractual provision clearly required Allied to defend TWM when the alleged acts of negligence or failures resulted from its provision of security services.

Contract InterpretationDuty to DefendIndemnification AgreementSecurity ServicesNegligence ClaimsSummary JudgmentAppellate ReviewIllinois Contract LawTexas Civil ProcedureBreach of Contract
References
21
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. MISSING
Regular Panel Decision

In re Male G.

This case involves a proceeding under section 384-b of the Social Services Law where the Commissioner of Social Services sought to commit the custody and guardianship of a child, 'Male' G., also known as Brian Keith G. During a fact-finding hearing, the petitioner attempted to introduce the child's case record from the Bureau of Child Welfare (BCW) as a business record. The natural mother challenged its admissibility, arguing that certain entries were not made contemporaneously as required by CPLR 4518. The court, after deliberation, ruled that such records are admissible, citing that files maintained by the Department of Social Services are business records. The court clarified that the use of temporary 'day books' from which permanent records are later transcribed does not negate their admissibility, especially when the transcription relies on a previously prepared record rather than memory. Therefore, the BCW case record was ordered to be admitted into evidence.

Custody and GuardianshipSocial Services LawCPLR 4518Business Records RuleAdmissibility of EvidenceChild Welfare RecordsDay BooksPermanent RecordsTranscription ProcessEvidence Law
References
3
Case No. MISSING
Regular Panel Decision

Delores B. Cardinal McCloskey Children's & Family Services v. Willie B.

The Court of Appeals reviewed a case concerning the termination of Willie Bethea's parental rights over his children, Willie B. and Delores B., due to permanent neglect. Bethea, incarcerated for murder, challenged the agency's diligent efforts and the Family Court's findings on his failure to plan for his children's future. The opinion addressed the interpretation of Social Services Law § 384-b regarding incarcerated parents' obligations. The court reversed the dismissal of the petition for Delores B., finding Bethea also permanently neglected her, and affirmed the termination of parental rights for Willie B., emphasizing that an incarcerated parent's rights are not paramount to the child's need for a permanent, normal family home.

Parental Rights TerminationPermanent NeglectIncarcerated ParentsChild AdoptionSocial Services LawDiligent EffortsChild WelfareBest Interests of the ChildFoster CareFamily Law
References
7
Case No. MISSING
Regular Panel Decision

Greene County Department of Social Services v. Ward

This is a concurring opinion by Chief Judge Kaye regarding a case involving Ms. Ward and the Greene County Department of Social Services (GCDSS). Ms. Ward, facing challenges with her son Jeffrey's severe behavioral issues and a lack of support services, was coerced into permanently relinquishing her parental rights to GCDSS after they refused a temporary relinquishment and failed to provide adequate assistance. She subsequently challenged a child support order, citing statutory exceptions and equitable estoppel due to GCDSS's alleged failures in providing information on parental support obligations and mandatory preventive services. While the court affirmed the original support order, Chief Judge Kaye's opinion highlights the GCDSS's apparent non-compliance with regulatory mandates, including the failure to inform parents of support obligations, conduct a 'best interests' analysis, and refer to essential preventive and emergency mental health services, stressing that such a situation should not recur. However, the requested remedy of estoppel against the agency could not be granted.

Parental RightsChild SupportSocial Services AgencyEquitable EstoppelRegulatory CompliancePreventive ServicesChild WelfareGreene CountyConcurring OpinionFamily Law
References
4
Case No. 2021 NY Slip Op 02391 [193 AD3d 932]
Regular Panel Decision
Apr 21, 2021

Matter of Zamir F. (Ricardo B.)

The Administration for Children's Services appealed an order from the Family Court, Kings County, which had dismissed petitions alleging that Ricardo B. neglected Zamir F. through sexual abuse and derivatively neglected his other children, Elijah B., Jordan B., Jeremiah B., and Messiah B. The Appellate Division, Second Department, reversed the Family Court's order. It found that the petitioner had sufficiently established neglect and derivative neglect by a preponderance of the evidence, concluding that the testimony of the petitioner's child sexual abuse expert reliably corroborated Zamir's out-of-court statements. The court also determined that the Family Court had erred in its credibility assessment, particularly in preferring the father's expert's testimony. The matter was remitted to the Family Court for a dispositional hearing and the issuance of a dispositional order.

Child NeglectSexual AbuseDerivative NeglectFamily Court Act Article 10Corroboration of Child StatementsExpert TestimonyCredibility AssessmentAppellate ReviewParental DutiesRisk of Harm
References
8
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