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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re D. Children

The Monroe County Department of Social Services sought Family Court approval for the voluntary transfer of custody of five children from the D. family. Following approval, the Family Court appointed Sally Moore as a guardian ad litem and later ordered the Department of Social Services to cooperate with her. The Director of the Department of Social Services appealed these orders, contending that the Family Court lacked jurisdiction after approving the initial voluntary transfer instrument. The appellate court agreed, ruling that the Family Court's jurisdiction under Social Services Law § 358-a terminated upon approval, and therefore, it lacked authority to appoint a guardian ad litem or compel cooperation with the CASA volunteer without a pending proceeding. The court reversed and vacated the Family Court's orders, emphasizing that any extension of judicial oversight in foster care matters must be legislatively granted.

Family LawChild CustodyVoluntary PlacementSocial Services LawFamily Court JurisdictionGuardian ad LitemCASAAppellate ReviewStatutory InterpretationFoster Care
References
6
Case No. MISSING
Regular Panel Decision

Claim of O'Shea v. Initial Cleaning Service

Claimant, a carpet cleaner for 19 years, developed lung problems due to chemical exposure and was advised by a physician to stop working with chemicals. He was terminated in 1998 for failing to report to work, after which he filed a claim for workers' compensation benefits for occupational disease. Initially, a WCLJ awarded benefits, finding chronic obstructive lung disease and permanent partial disability. However, the Workers’ Compensation Board modified this, denying benefits on the grounds that claimant voluntarily withdrew from the labor market. The appellate court reversed the Board's decision, finding that the Board's conclusion of voluntary withdrawal was not supported by substantial evidence, as the claimant was terminated and desired to continue working. The case was remitted to the Board for further proceedings.

Occupational DiseaseChronic Obstructive Lung DiseaseVoluntary WithdrawalLabor MarketTerminationWorkers' Compensation BenefitsAppellate ReviewChemical ExposurePermanent Partial DisabilityMedical Advice
References
7
Case No. MISSING
Regular Panel Decision

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. MISSING
Regular Panel Decision
Jan 11, 2002

Termine v. Continental Baking Co.

Salvatore Termine, a plaintiff, appealed an order from the Supreme Court, Westchester County, which granted summary judgment to the defendant, Continental Baking Company (CBC), dismissing his personal injury complaint. Termine was injured in October 1998 while employed by Interstate Brands Corporation (IBC). CBC, the record owner of the property, had merged with its parent IBC in 1995, and its authority to do business in New York terminated shortly thereafter. The appellate court affirmed the Supreme Court's decision, ruling that Termine's action was barred by Workers’ Compensation Law § 11 because his employer, IBC, was the actual owner of the property at the time of the accident, not CBC. The court also rejected Termine's argument regarding CBC's failure to file a deed, stating Real Property Law § 291 protects purchasers, not personal injury claimants.

Workers' Compensation ExclusivityMerger of CorporationsReal Property OwnershipSummary JudgmentPersonal Injury DamagesAppellate ReviewEmployer ImmunityDelaware Corporation LawNew York Business LawDeed Filing
References
6
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

Billings v. County of St. Lawrence

The petitioner, an unnamed Deputy Sheriff and correction officer for the St. Lawrence County Sheriff’s Department, was terminated after a disciplinary hearing. He was found guilty of unprofessional conduct for inappropriately delivering tobacco to an inmate and for lying during the subsequent investigation, though not for causing an inmate disturbance. Despite a Hearing Officer's recommendation for a two-month suspension, the Undersheriff of St. Lawrence County opted for termination, effective April 22, 1987. The court, in this CPLR article 78 proceeding, confirmed the determination, finding the evidence sufficient and the termination penalty not excessive given the serious nature of the misconduct in a prison setting and the petitioner's relatively short, unblemished service record.

MisconductTerminationDeputy SheriffCorrection OfficerInmate ConductDisciplinary ActionSubstantial EvidencePenalty ReviewUnprofessional ConductLack of Candor
References
2
Case No. MISSING
Regular Panel Decision
May 27, 1994

In re the Guardianship & Custody of Angela Marie N.

This case concerns an appeal from an order of disposition in Family Court, New York County, which terminated a respondent's parental rights. The termination was based on a finding of mental illness, supported by extensive unrefuted evidence including the respondent's chronic degenerating mental condition, frequent hospitalizations, and failure to adhere to any treatment plan. A court-appointed psychiatrist concluded there was no possibility of improvement in the foreseeable future, confirming the respondent's inability to provide adequate care for her children. The appellate court unanimously affirmed the order, finding clear and convincing evidence for the termination and that the disposition, committing guardianship to the petitioner, was in the children's best interests. Furthermore, the court found no ineffective assistance of counsel, stating that strategic decisions should not be reevaluated with hindsight.

Parental Rights TerminationMental IllnessChild WelfareGuardianshipIneffective Assistance of CounselAppellate ReviewFamily LawBest Interests of the ChildSocial Services Law
References
7
Case No. MISSING
Regular Panel Decision

In re Weir v. State of New York Thruway Authority

Petitioner, a probationary laborer for the New York State Thruway Authority and New York State Canal Corporation, was terminated from his position after co-workers reported him for marihuana use during working hours. Despite a negative urine test and prior satisfactory performance reviews, the Albany Division Director recommended termination based on the credibility of the co-workers' statements and deteriorating relations. Petitioner challenged his termination through a CPLR article 78 proceeding, which was dismissed by the Supreme Court. The appellate court affirmed this dismissal, ruling that as a probationary employee, petitioner could be dismissed without a hearing or stated reasons, and he failed to demonstrate bad faith, arbitrary, capricious, or otherwise illegal reasons for his termination.

Probationary EmploymentTerminationDrug UseMarihuanaCPLR Article 78Judicial ReviewPublic EmploymentWorkplace ConductBad FaithArbitrary and Capricious
References
4
Case No. MISSING
Regular Panel Decision

In re David Michael J.

This case involves an appeal from an order of the Onondaga County Family Court, presided over by Judge Hedges, which terminated parental rights. The Appellate Court previously remitted the matter to Family Court for further proceedings, including a dispositional hearing. On remittal, the Family Court's determination was found to be supported by legally sufficient evidence, despite the admission of hearsay testimony, which was deemed proper under Family Ct Act § 624. The court properly relied on testimony from prior hearings and the dispositional hearing to conclude that there had been no substantial change or progress from the respondent that would prevent the termination of parental rights. Consequently, the order to terminate parental rights was unanimously affirmed.

Parental RightsTermination of Parental RightsFamily CourtAppealHearsay EvidenceDispositional HearingSuspended JudgmentComplianceFoster Care
References
3
Case No. MISSING
Regular Panel Decision

In re Leon RR

This dissenting opinion addresses a case concerning the permanent termination of parental rights for an infant, Leon, Jr., who had been in the physical custody of foster parents since 19 months of age. The dissent argues that the St. Lawrence County Department of Social Services consistently undermined the natural parental relationship, encouraging the foster parents and failing to make diligent efforts to assist the natural parents in maintaining their connection with the child. It criticizes the agency for not carrying out a plan for reintegration and for encouraging the infant's attachment to the foster parents while limiting natural parental visitation. The opinion asserts that the record is inadequate to support the termination of parental rights, highlighting that the natural parents had previously had their other children returned to them and had cooperated with caseworkers. The dissent concludes that the administrative agency's conduct amounted to an abuse of the temporary placement system and votes to reverse the order, seeking dismissal of the petition for permanent termination of parental rights and remittal for consideration of continued custody.

Parental Rights TerminationChild Custody DisputeFoster Care SystemChild WelfareFamily LawBest Interests of the ChildJudicial DissentDepartment of Social ServicesFamily Court ActParent-Child Relationship
References
6
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