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

Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. MISSING
Regular Panel Decision

In re the Appointment of a Guardian of the Personal Needs & Financial Affairs of G.W.

Alan G.W. suffered a traumatic brain injury in 1992, leading to Marlene W. being appointed as his guardian in 1995. Due to her diminished capacity, Marlene W., through her daughter Carol A.R. acting under a power of attorney, petitioned for her own discharge as guardian and for Carol A.R.'s appointment as successor guardian. The court examined whether Carol A.R. could use the power of attorney for this purpose and affirmed its validity under General Obligations Law § 5-1502G (2). Noting Marlene's inability to continue and Carol's willingness and ability, the court granted the petition. Marlene W. was discharged as guardian, and Carol A.R. was appointed as the successor guardian for Alan G.W.

GuardianshipMental Hygiene LawPower of AttorneyFiduciary DutySuccessor GuardianDischarge of GuardianCourt EvaluatorEstate TransactionsIncompetent PersonCapacity
References
7
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Scott v. R. M. Stevenson Motors, Inc.

Paul W. Scott, a part-time body repairman, died from an injury sustained while working on a car for R. M. Stevenson Motors, Inc. Initially, a Workers' Compensation Law Judge found an employer-employee relationship, but the Workers' Compensation Board reversed this, concluding Scott was an independent contractor. R. M. Stevenson Motors, Inc. and its carrier appealed the Board's determination. The appellate court affirmed the Board's decision, citing substantial evidence that Scott operated as an independent contractor due to factors like lack of supervision, working on his own schedule, providing his own tools, and receiving a fixed payment upon completion. The court highlighted that no single factor is conclusive in determining an employment relationship.

employment relationshipindependent contractorworkers' compensationaccidental deathscope of employmentcontrol testmethod of paymentfurnishing equipmentright to dischargeappellate review
References
4
Case No. MISSING
Regular Panel Decision

In re Breanna R.

The Family Court, Erie County, dismissed a petition alleging that the respondent father sexually abused his three children. On appeal, the order was unanimously reversed. The Appellate Division found that the out-of-court statements of the two oldest children describing incidents of sexual abuse by the father were sufficiently corroborated by validation testimony from a licensed psychologist, testimony from a CPS caseworker, age-inappropriate knowledge of sexual matters by the children, cross-corroborating accounts, and consistent behaviors. Consequently, Breanna R. and Giovanna R. were found to be abused children, and Giulianna R. was found to be a neglected child. The matter was remitted to Family Court, Erie County, for a dispositional hearing before a different judge.

child abusechild neglectsexual abuseFamily Court Actcorroborationout-of-court statementsvalidation testimonypsychological testingappellate reviewreversal
References
8
Case No. MISSING
Regular Panel Decision
May 01, 1998

Pope v. Supreme-K.R.W. Construction Corp.

Alston Pope, a carpenter, was injured by a falling beam on a construction site in Brooklyn and sued the general contractor, building owner, and subcontractor under Labor Law § 240 (1). The Supreme Court granted Pope summary judgment on liability and partially granted the general contractor/owner summary judgment on indemnity against the subcontractor. On appeal, the court affirmed Pope's liability finding and the general contractor/owner's entitlement to common-law and contractual indemnity. However, the order was modified to include attorney's fees, expenses, costs, and disbursements in the indemnification owed by the subcontractor to the general contractor and building owner.

Personal InjuryConstruction AccidentLabor LawIndemnityContractual IndemnityCommon-Law IndemnitySummary JudgmentAttorney's FeesSubcontractor LiabilityGeneral Contractor Liability
References
8
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. 2020 NY Slip Op 00600
Regular Panel Decision
Jan 29, 2020

Matter of Sean CJ Ivan W. (Danica W.)

This case concerns an appeal by the mother, Danica W., from an order terminating her parental rights to her child, Noel Sean CJ Ivan W. The Family Court, Queens County, found that the mother permanently neglected the child and transferred guardianship and custody to Little Flower Children and Family Services of New York and the Commissioner of Social Services of the City of New York for adoption. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the petitioner demonstrated diligent efforts to strengthen the parent-child relationship. However, the mother failed to adequately plan for the child's future despite these efforts. The appellate court also agreed that terminating parental rights and freeing the child for adoption was in the child's best interests, rejecting a suspended judgment.

Parental RightsPermanent NeglectChild WelfareAdoptionFamily LawAppellate DivisionGuardianshipDiligent EffortsBest Interests of ChildSocial Services Law
References
9
Case No. MISSING
Regular Panel Decision

In re Ashley W.

The children Ashley W and Wrenggor W, natives of Haiti, appealed a Family Court, Nassau County order denying their guardianship petition by their paternal aunt, Verdele F, and their motion for special immigrant juvenile status. The Family Court's denial without a hearing was based on the uncle's past conviction. The appellate court dismissed Verdele F.'s appeal but reversed the order concerning Ashley W and Wrenggor W. The case was remitted for a hearing and new determination, as the uncle's criminal record was deemed not an automatic bar.

GuardianshipSpecial Immigrant Juvenile StatusFamily Court ActChild WelfareParental AbuseChild NeglectAbandonmentBest Interests of the ChildCriminal RecordAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

M.S. ex rel. R.R. v. New York City Department of Education

Plaintiff M.S., individually and on behalf of her autistic son R.R., brought an action against the New York City Department of Education under the Individuals with Disabilities Education Act (IDEA). M.S. sought tuition reimbursement for R.R.’s unilateral private school placement after challenging the adequacy of the Department’s proposed Individualized Education Program (IEP). An Impartial Hearing Officer (IHO) initially sided with M.S., but a State Review Officer (SRO) reversed this decision, finding the IEP compliant with IDEA. In the federal district court, M.S. appealed the SRO's decision. The court, affording due deference to the SRO's expertise, upheld the SRO's finding that the Department’s IEP was both procedurally and substantively adequate, thereby denying M.S.'s motion for summary judgment and granting the Department's cross-motion, dismissing the complaint.

Individuals with Disabilities Education ActSpecial EducationAutismTuition ReimbursementIndividualized Education ProgramDue ProcessAdministrative AppealSummary JudgmentEducational LawDisability Rights
References
30
Case No. 2017 NY Slip Op 02801
Regular Panel Decision
Apr 12, 2017

Matter of Zachariah W. v. Dominique W.

The Administration for Children's Services (ACS) filed a child neglect petition against Dominique W. four days after she gave birth to Zachariah W. The petition alleged neglect after hospital personnel discovered the mother's limited income and housing situation, leading to the child's emergency removal without providing the mother with housing information or supplies. The Family Court, Kings County, found the mother neglected the child. On appeal, the Appellate Division, Second Department, reversed the Family Court's order, denying the petition and dismissing the proceeding. The appellate court concluded that ACS failed to prove by a preponderance of the evidence that the mother did not provide adequate care, food, clothing, and shelter, or that there was imminent danger of impairment to the child, which is a prerequisite for a neglect finding.

Child NeglectFamily Court ActAppellate DivisionBurden of ProofPreponderance of EvidenceImminent DangerParental CareChild WelfareEmergency RemovalHousing Assistance
References
7
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