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

Case No. 2006 NY Slip Op 26532, 14 Misc 3d 842
Regular Panel Decision
Dec 19, 2006

Matter of Lyle A.

The case concerns Lyle A., a 4½-year-old child in foster care, who was prescribed Depakote Sprinkles for behavioral issues. The Monroe County Department of Human Services (Department) obtained consent from his mother through a caseworker, not the prescribing physician, and failed to respond adequately to her attempts to withdraw consent. The Family Court, Monroe County, ruled that the Department's procedures for obtaining parental consent for psychotropic medication and handling withdrawal of consent were legally insufficient, violating the child's and parent's due process and liberty rights. The court emphasized that informed consent requires direct physician consultation and that parents maintain the right to make medication decisions for children in foster care. The decision mandates the Department to reform its procedures for medication administration and consent.

Child NeglectFoster CarePsychotropic MedicationParental ConsentInformed ConsentDue ProcessLiberty InterestsMedical TreatmentWithdrawal of ConsentFamily Law
References
12
Case No. MISSING
Regular Panel Decision

In re Lyle A.

This case concerns the legally insufficient procedures used by the Monroe County Department of Human Services regarding the administration of psychotropic medication to a child, Lyle, in foster care. The Department failed to secure proper informed consent from Lyle's biological mother for Depakote Sprinkles, relying instead on a caseworker to communicate medical information. Furthermore, the Department did not have a reasonable procedure to respond meaningfully when the mother attempted to withdraw her consent, despite her constitutional liberty interest in avoiding unwanted drug administration. The court found that a parent maintains the right to make medication determinations for a child in foster care, and the Department must either honor consent withdrawal or seek a court order to continue medication. The permanency hearing report was otherwise approved, with the goal of returning Lyle to his parent.

Foster CarePsychotropic MedicationInformed ConsentParental RightsChild Protection ServicesMedical Treatment RefusalWithdrawal of ConsentDue ProcessChild NeglectMonroe County
References
12
Case No. MISSING
Regular Panel Decision

A. F. v. Spence Chapin Agency

A 16-year-old father, who previously consented to the adoption of his out-of-wedlock infant, sought custody, attempting to revoke his consent. The birth mother had also surrendered the child to Spence Chapin Services for Families and Children, who placed the baby with preadoptive parents. The court examined the validity of the minor father's consent, whether it was statutorily or constitutionally required, and his standing to petition for custody. It found the father's consent invalid due to the agency's insufficient guidance for a minor, but determined his consent was not legally required under Domestic Relations Law § 111 (1) (e) as he did not meet the criteria for demonstrating paternal interest. Applying the 'best interest of the child' standard, the court ultimately denied the father's custody petition, concluding the preadoptive parents were better suited.

Adoption LawChild CustodyMinor Parents' RightsParental ConsentBest Interests of the ChildFamily LawUnmarried FathersRevocation of ConsentAdoption AgenciesLegal Standing
References
13
Case No. MISSING
Regular Panel Decision
Jan 15, 2013

Claim of Zaldivar v. SNS Organization

The claimant suffered a back and leg injury during employment, leading to a workers' compensation claim and a third-party action. The workers' compensation claim was established. The claimant sought the carrier's consent to settle the third-party claim. The carrier initially consented with conditions, but later questioned the settlement terms upon learning it was structured, requesting an investigation. A Workers’ Compensation Law Judge directed the claimant to provide proof of compliance with consent conditions. The Workers’ Compensation Board affirmed and continued the case for further record development. The Appellate Division dismissed the appeal, ruling that the Board's decision was interlocutory and did not dispose of all substantive issues.

Third-Party SettlementCarrier ConsentInterlocutory AppealRecord DevelopmentAppellate ProcedureStructured SettlementDismissed AppealProcedural RulingConditions for ConsentWorkers' Compensation Board
References
6
Case No. MISSING
Regular Panel Decision

In Re Schatz Fed. Bearings Co., Inc.

The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) sought to withdraw from the Creditors’ Committee in the bankruptcy estate of Schatz Federal Bearings Co., Inc. The Creditors’ Committee opposed the withdrawal, aiming to preserve its appeal of an earlier ruling that deemed the UAW eligible to serve. The court granted the UAW's application to withdraw, citing that a creditor's willingness to serve is a key factor in committee composition and that compelling service is not justified when the creditor no longer has an interest in the case, especially since the debtor's business has ceased and its assets were liquidated. The court also noted the UAW's pension rights were guaranteed by ERISA and it had negotiated a new contract with the asset buyer, making its position on the committee academic.

BankruptcyCreditors' CommitteeUnion RepresentationMotion to WithdrawMootness DoctrineERISADebtor LiquidationJudicial DiscretionAdequate RepresentationVoluntary Service
References
2
Case No. MISSING
Regular Panel Decision
Feb 09, 1982

Claim of Moore v. Metropolitan Suburban Bus Authority

This case involves an appeal from a decision of the Workers’ Compensation Board concerning a carrier's conduct regarding a claimant's third-party action settlement. The core issue was whether the board's finding that the carrier was estopped from raising lack of consent to the settlement as a defense for future compensation awards was supported by substantial evidence. The record showed that the claimant's attorney sought the carrier's consent multiple times but was advised it was unnecessary. The board concluded that the carrier's prior denials of the necessity for consent legally prevented them from later asserting its absence as a defense. The appellate court affirmed the board's decision.

Workers' CompensationEstoppelThird-Party ActionSettlement ConsentCarrier ConductFuture AwardsSubstantial EvidenceAppellate DivisionClaimant RightsDefense Waiver
References
1
Case No. MISSING
Regular Panel Decision

Stair v. Calhoun

Plaintiffs' counsel, Ballon Stoll Bader & Nadler, P.C., moved to withdraw from representing plaintiffs and sought a charging and retaining lien due to plaintiff Theodore Stair's substantial unpaid legal fees. Stair opposed the withdrawal, citing a pending settlement. The court granted counsel's motion to withdraw, finding Stair's prolonged failure to pay constituted deliberate disregard of his financial obligations. The court also granted a charging lien for $37,546.87, representing adjusted reasonable hours and expenses, but denied the motion for a retaining lien to prevent prejudice to the ongoing litigation and due to Stair's alleged indigence.

Withdrawal of CounselCharging LienRetaining LienUnpaid Legal FeesAttorney-Client RelationshipDeliberate DisregardQuantum MeruitShareholder DilutionMotion PracticeFee Dispute
References
86
Case No. MISSING
Regular Panel Decision

Keene Corp. v. Williams Bailey & Wesner, L.L.P. (In Re Keene Corp.)

Keene Corporation, in Chapter 11 bankruptcy, filed an adversary proceeding against 27 law firms, alleging they forced Keene into bankruptcy through fraudulent asbestos-related tort claims. The defendant law firms moved to withdraw the reference of this proceeding from the bankruptcy court to the district court, citing complex federal statutes (Antitrust and RICO) and a jury trial right. Defendant Levy Phillips & Konigsberg also appealed an interlocutory order denying its motion to dismiss a civil contempt proceeding. The District Court, presided over by Judge Kevin Thomas Duffy, denied the defendants' motion to withdraw the reference, deeming it premature, and dismissed LPK's interlocutory appeal, affirming the bankruptcy court's ruling on contempt. The court determined the adversary proceeding was non-core and did not warrant mandatory or discretionary withdrawal at this early stage.

Bankruptcy LawAdversary ProceedingWithdrawal of ReferenceInterlocutory AppealCivil ContemptAntitrust LawRICO ActAsbestos LitigationFederal JurisdictionCore vs. Non-Core Proceedings
References
25
Case No. MISSING
Regular Panel Decision

Lake v. M.P.C. Trucking, Inc.

The case involves an appeal by the law firm Lewis & Stanzione after the Supreme Court denied their motion to withdraw as counsel for plaintiffs, including Charles Lake. Plaintiffs initially sought damages for injuries but later expressed dissatisfaction with their attorney, Ralph Lewis, questioning his competence, veracity, and loyalty, despite also requesting his continued representation due to inability to find new counsel. Lewis sought to withdraw due to limited potential recovery and irreconcilable differences, exacerbated by plaintiffs rejecting settlement offers and insisting on trial against his advice. The Appellate Division reversed the Supreme Court's decision, granting the law firm's motion for renewal and permitting them to withdraw as counsel, citing the deteriorated attorney-client relationship.

Attorney-Client RelationshipWithdrawal of CounselProfessional StandardsIrreconcilable DifferencesMotion to RenewAppellate ReviewGreene CountyWorkers' Compensation ClaimDamages LitigationSettlement Offers
References
7
Case No. MISSING
Regular Panel Decision

Claim of Ickes v. Sayville Animal Hospital

Claimant, a veterinary technician, suffered a work-related injury and received workers' compensation benefits. The carrier sought to suspend payments due to the claimant's failure to provide a work status affidavit. At a hearing, the carrier introduced the issue of voluntary withdrawal from the labor market without prior notice to the claimant, which the WCLJ promptly dismissed. Despite the WCLJ's ruling, the Workers' Compensation Board later modified the decision, finding voluntary withdrawal and rescinding benefits. On appeal, the court reversed the Board's rescission of benefits, ruling that the claimant was denied due process as she had no notice or opportunity to address the voluntary withdrawal issue. The case was remitted to the Board for further proceedings consistent with the court's decision.

Workers' CompensationLabor Market WithdrawalDue ProcessNotice of IssueAppellate ReviewRemandBenefit SuspensionAdministrative LawWorkers' Compensation BoardJudicial Modification
References
4
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