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Case Law Database

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

Case No. 534683
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Gregory Echevarria

The case involves an appeal from decisions of the Workers' Compensation Board concerning death benefits for Gregory Echevarria, who died in a work-related accident. Keamesha Echevarria, the decedent's estranged wife, filed for survivors' benefits for herself and their three children. Decedent's fiancée also filed a claim for their child and argued that Keamesha had abandoned the decedent, thus forfeiting spousal benefits. The Workers' Compensation Law Judge and subsequently the Board found that Keamesha had not abandoned the decedent and was entitled to benefits as the surviving spouse. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that Keamesha remained the legal spouse under Workers' Compensation Law § 16 (1-a), as the elements for abandonment were not met. The court also found no abuse of discretion in the Board's denial of the fiancée's application for reconsideration or full Board review.

Workers' CompensationDeath BenefitsSurviving SpouseAbandonmentDomestic Relations LawAppellate ReviewBoard DecisionStatutory InterpretationDependency ClaimsMarital Status
References
9
Case No. MISSING
Regular Panel Decision
Jan 08, 2008

In re Jacob WW.

This appeal concerns the termination of a mother's parental rights due to abandonment of her three children. The children were placed in foster care, and despite attempts by a caseworker to facilitate contact, the mother failed to visit or communicate with her children or the agency for the statutory six-month period. Although the mother's mother arranged a few brief family gatherings, the appellate court affirmed the Family Court's finding that these sporadic contacts were insufficient to prevent a finding of abandonment. The court also noted the children's positive adjustment to foster care and the foster parents' desire to adopt, supporting the termination of parental rights.

Parental Rights TerminationChild AbandonmentFoster Care PlacementFamily Court AppealSchuyler CountySocial Services Law § 384-bVisitation RightsDue DiligenceClear and Convincing EvidenceAppellate Division
References
7
Case No. 2020 NY Slip Op 08137
Regular Panel Decision
Dec 31, 2020

Matter of Dakota W. (Kimberly X.)

The Appellate Division, Third Department, affirmed the Family Court of Broome County's order terminating the parental rights of Kimberly X. and Chad W. for abandoning their three children. The parents appealed, citing due process violations due to their absence from the fact-finding hearing and alleged ineffective assistance of counsel. The court found that the parents voluntarily absented themselves, and their legal representation was adequate. Furthermore, the court concluded that clear and convincing evidence supported the finding of abandonment, as the parents failed to visit or communicate with their children or the petitioning agency during the six-month statutory period. Therefore, the Family Court's decision to transfer guardianship and custody to the Broome County Department of Social Services was upheld.

abandonmentparental rights terminationdue processfoster carefact-finding hearingappellate reviewsocial services lawchildren's rightsclear and convincing evidencevisitation rights
References
15
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision

Grant v. Grant

This case addresses whether a husband can avoid a spousal support order by voluntarily retiring. The respondent, a 62-year-old bricklayer and construction worker, sought to terminate a $15 weekly support order for his 59-year-old wife after electing early retirement and receiving social security. The court found that eligibility for retirement does not negate the responsibility to support, emphasizing earning power over actual earnings. Citing precedents, the court asserted that a husband's obligation continues if he possesses sufficient means or earning capacity. The decision concluded that the respondent's early retirement appeared motivated by a desire to avoid support, especially since he could earn up to $1,800 annually under Social Security Law. The support order was continued, with an additional $3 weekly payment ordered to cover arrears.

AlimonySpousal SupportVoluntary RetirementEarning CapacitySocial Security BenefitsArrearsFamily CourtDomestic RelationsSupport Order ModificationAbility to Earn
References
6
Case No. 03-23-00455-CV
Regular Panel Decision
Aug 06, 2025

Quinn Hamilton Harwood v. Kimberley Anne Harwood

Quinn Hamilton Harwood appealed a final divorce decree, contesting the award of spousal maintenance to his ex-wife, Kimberley Anne Harwood. The appeal focused on Kimberley's eligibility for maintenance due to an incapacitating physical disability (lymphedema) and the calculation of the spousal maintenance amount, which was based on Quinn's alleged intentional underemployment. The Court of Appeals affirmed Kimberley's eligibility for spousal maintenance, finding sufficient evidence of her incapacitating disability and minimum reasonable needs. However, the court reversed the spousal maintenance award, ruling that the trial court abused its discretion by calculating the amount based on Quinn's earning potential due to intentional underemployment, as the Family Code does not authorize this method for spousal maintenance. The case was remanded for a new trial solely on the issue of the spousal-maintenance amount.

DivorceSpousal MaintenanceAlimonyIncapacitating DisabilityLymphedemaIntentional UnderemploymentEarning PotentialChild SupportFamily LawAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Sep 04, 1990

In re Siami D.

The Family Court in New York County terminated the parental rights of the respondent on September 4, 1990, finding that she had abandoned her children. This determination was based on clear and convincing evidence that the respondent failed to communicate with the children for at least six months prior to the petition's filing. The court held that the respondent's incarceration during this period did not excuse her failure to establish contact through a third party or by letter. The Family Court's decision, which credited the agency case record over the respondent's testimony regarding attempts to contact the petitioner, was unanimously affirmed on appeal without costs.

Parental Rights TerminationChild AbandonmentFamily LawAppellate AffirmationIncarcerationCommunication with ChildClear and Convincing EvidenceAgency RecordJudicial CredibilityFamily Court Decision
References
5
Case No. MISSING
Regular Panel Decision

Claim of Johnson v. Birds Eye Frozen Foods

This case involves an appeal by an employer and its insurance carrier against a decision that awarded death benefits to a claimant widow. The central issue was whether the claimant widow had abandoned the decedent, which would disqualify her from receiving benefits under the Workmen’s Compensation Law. The appellants attempted to introduce a Federal rule for abandonment, but the court upheld the board's finding that the decedent had abandoned the claimant, and her subsequent illicit relationship was not considered an abandonment on her part under the Domestic Relations Law. Citing previous precedent, the court affirmed the original decision, holding that the board was warranted in finding no abandonment by the claimant.

Workers' Compensation LawDeath BenefitsSpousal AbandonmentSurvivor BenefitsDomestic Relations LawFederal Longshoremen's and Harbor Workers' Compensation ActIllicit RelationshipJudicial ReviewAppellate DivisionEligibility Criteria
References
5
Case No. 2021 NY Slip Op 01533 [192 AD3d 1344]
Regular Panel Decision
Mar 18, 2021

Matter of Micah L. (Rachel L.)

This case concerns the appeal of Rachel L. and Robert L. from an order of the Family Court of Broome County, which granted the Broome County Department of Social Services' application to adjudicate their child, Micah L., as abandoned and terminated their parental rights. The Appellate Division, Third Department, reviewed the Family Court's findings, which established by clear and convincing evidence that both the mother and father failed to maintain contact with the child or the agency during the statutory six-month period. The court affirmed the termination of parental rights, concluding that the parents did not prove inability to maintain contact or that they were prevented from doing so, and that termination was in the child's best interests.

Parental Rights TerminationChild AbandonmentSocial Services Law § 384-bAppellate ReviewFamily CourtBest Interests of ChildDrug RehabilitationIncarcerationSupervised VisitationClear and Convincing Evidence
References
13
Case No. MISSING
Regular Panel Decision

Matter of Heaven A. A. (Tyrone W.--Stephanie A.)

The case addresses whether a Family Court can terminate a putative father's parental rights for abandonment without first establishing paternity. SCO Family of Services petitioned to terminate the parental rights of Stephanie A. and putative father Tyrone W. for abandonment of their child, Heaven. Tyrone W. disputed paternity and requested a DNA test, which the Family Court denied, proceeding to find abandonment. The appellate court reversed, holding that a Family Court must make a threshold factual determination of paternity, through DNA testing if requested, before ruling on abandonment to terminate parental rights. The court emphasized the potential negative stigma of an abandonment finding on an individual whose paternity has not been established.

Parental Rights TerminationAbandonmentPaternity DisputeDNA TestingFamily LawAdoption ConsentPutative Father RegistrySocial Services LawDomestic Relations LawAppellate Review
References
29
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