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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
Jul 24, 2008

Riches v. New York City Council

This case concerns an appeal affirming the dismissal of a summary judicial inquiry requested by eight citizens against the New York City Council and Speaker Quinn. The petitioners sought an inquiry into the Council's practice of allocating funds to "fictitious organizations" or "holding codes" during its budgeting process, alleging violations of the New York City Charter. The motion court, and subsequently the appellate court, determined that the Supreme Court justice appropriately exercised discretion in denying the inquiry. The decision was based on reasons including extensive public disclosure of the practice, ongoing investigations by governmental agencies, and the determination that the alleged transgression was not the type of venal act the Charter provision was designed to address. The court affirmed that granting such an inquiry is a matter of sound judicial discretion.

Summary judicial inquiryNew York City Charter Section 1109City Council budgetingFictitious organizationsGovernmental misconductAbuse of discretionAppellate reviewJudicial discretionPublic interestOngoing investigations
References
17
Case No. 2016 NY Slip Op 02734 [138 AD3d 488]
Regular Panel Decision
Apr 12, 2016

Matter of Lesli R. (Luis R.)

The Family Court's order of disposition, which found that the respondent sexually abused his stepdaughters and derivatively abused his five biological children, was unanimously affirmed. The record supported the court's determination that the respondent was legally responsible for the children and that there was a preponderance of evidence of sexual abuse. The stepdaughters' out-of-court statements were sufficiently corroborated by the respondent's own statements. The court also found that the respondent derivatively abused his own children and properly exercised its discretion in quashing a subpoena to compel one of the stepdaughters to testify due to potential psychological harm.

Child AbuseSexual AbuseDerivative AbuseFamily Court ActAppellate ReviewPreponderance of EvidenceOut-of-court StatementsCorroborationParental ObligationsSubpoena Quash
References
11
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. MISSING
Regular Panel Decision

Snyder v. CNA Insurance

In January 1996, the petitioner sustained injuries in a motor vehicle accident while working and received workers’ compensation benefits from CNA Insurance Companies. She later settled a third-party negligence action for $32,500 without obtaining the required consent from CNA. The petitioner sought judicial approval, nunc pro tunc, for this settlement. The Supreme Court initially granted approval, but the appellate court reversed and remitted due to insufficient documentation. Following the submission of additional evidence, the Supreme Court again granted approval, prompting the current appeal. The appellate court reviewed the relevant factors, noting evidence suggesting difficulty in proving serious injury and that respondent CNA suffered no prejudice from the delay. Despite the normal three-month limit for such applications, the Supreme Court's exercise of broad discretion in approving the settlement was not deemed an abuse. Therefore, the order of the Supreme Court was affirmed.

Workers' CompensationPersonal InjuryMotor Vehicle AccidentThird-Party SettlementJudicial ApprovalNunc Pro TuncConsent RequirementDiscretionary AuthorityAppellate ReviewInsurance Carrier
References
4
Case No. CV-22-1926
Regular Panel Decision
Feb 15, 2024

In the Matter of the Claim of Jason Golisano

Claimant Jason R. Golisano filed for workers' compensation benefits in August 2021 alleging work-related injuries. A Workers' Compensation Law Judge (WCLJ) established the claim for a left wrist injury in September 2021. The employer and its carrier filed an application for review with the Workers' Compensation Board on November 3, 2021, which was denied as untimely because it was filed beyond the 30-day limit. The carrier appealed, contending the Board should have exercised its discretion to accept the late application, citing a short delay and the COVID-19 pandemic. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, ruling that the Board did not abuse its broad discretion in denying the untimely application for review.

Workers' CompensationUntimely ApplicationBoard DiscretionAppellate ReviewWCLJ Decision30-Day LimitJudicial ReviewAdministrative LawProcedural IssueCOVID-19 Impact
References
4
Case No. KA 13-00457
Regular Panel Decision
Nov 21, 2014

WOOLSON, SKIPPY B., PEOPLE v

The Supreme Court of New York, Appellate Division, Fourth Judicial Department, affirmed the judgment of the Oswego County Court, convicting Skippy B. Woolson of four counts of criminal sexual act in the second degree and endangering the welfare of a child. The defendant appealed, arguing that the trial court abused its discretion in denying an initial adjournment request due to defense counsel's illness, and that he received ineffective assistance of counsel. The Appellate Division found no prejudice from the denial of the adjournment and rejected the ineffective assistance claim, stating the defendant failed to demonstrate a lack of strategic explanations for counsel's actions or that motions would have succeeded. The court also concluded that the evidence was legally sufficient and the verdict was not against the weight of the evidence. A dissenting opinion argued that the verdict was against the weight of the evidence, citing the victim's mental illness, past false accusation, potential motivation to lie, and inconsistencies regarding the timeline and disclosure of abuse.

Criminal Sexual ActEndangering Welfare of a ChildAdjournment RequestAbuse of DiscretionIneffective Assistance of CounselLegal Sufficiency of EvidenceWeight of EvidenceJury VerdictAppellate ReviewSexual Abuse Accommodation Syndrome
References
23
Case No. MISSING
Regular Panel Decision
Oct 12, 1992

In re Jamie C.

This case involves an appeal from a Family Court order in Broome County, which granted a petitioner's application to adjudicate the respondents' children as abused and/or neglected. The Family Court had found the father, James D., sexually and physically abused his daughter Jamie C. and neglected all four children, while the mother, Barbara C., sexually abused Jamie and neglected all four. On appeal, the finding of sexual abuse against the mother was reversed due to insufficient corroborating evidence and Jamie C.'s conflicting sworn testimony. However, the findings of the father's sexual and physical abuse, and both parents' neglect stemming from chronic alcohol abuse and violent behavior, were affirmed based on Jamie's credible testimony and other evidence presented.

Family LawChild AbuseChild NeglectSexual AbusePhysical AbuseAlcohol AbuseCredibility of TestimonyCorroboration of EvidenceAppellate ReviewFamily Court Act
References
1
Case No. MISSING
Regular Panel Decision

Hill v. County of Chemung

Petitioners, including an infant, sought to serve a late notice of claim against Chemung County Department of Social Services for injuries and child abuse sustained by the infant while in foster care between 1978 and 1983. Special Term denied the application due to delays and insufficient allegations. On appeal, the court found that Special Term did not abuse its discretion regarding the 1978 injury. However, the appellate court determined it was an abuse of discretion to deny the application for events between November 1982 and March 1983, as the respondents had actual knowledge of the claim and were not unduly prejudiced by the delay or the death of a caseworker. The order was therefore modified, partially granting the application for the later incidents.

Late notice of claimGeneral Municipal LawInfant plaintiffChild abuse allegationsFoster care liabilityJudicial discretionPrejudice defenseActual knowledgeStatute of limitationsAppellate Division
References
3
Case No. MISSING
Regular Panel Decision

In re Jeanne TT.

This case involves an appeal from an order of the Family Court of Chemung County that adjudicated the respondent a person in need of supervision (PINS) and placed her in the custody of the petitioner for 18 months. The PINS adjudication stemmed from the respondent absconding from treatment facilities on three occasions after being removed from her mother's home due to a prior neglect proceeding. The respondent argued that the Family Court abused its discretion by not substituting a neglect petition for the PINS petition and that testimony from social workers violated client-social worker privilege. The appellate court found no abuse of discretion, noting the respondent's behavior was not attributable to parental abuse and occurred while she was in residential treatment. It also ruled that the client-social worker privilege did not apply to the evidence presented, as the communications were not made to a certified social worker or intended to be confidential. Finally, the court affirmed the dispositional order, finding placement necessary given the respondent's history of incorrigible behavior and her mother's surrender of parental rights.

Family Court ActPINS proceedingPerson in Need of SupervisionClient-social worker privilegeCPLR 4508AbscondingPlacement orderAdjournment in contemplation of dismissalNeglect proceedingParental rights surrender
References
7
Case No. MISSING
Regular Panel Decision
Dec 22, 1995

In re Najam M.

The Family Court's dismissal of a child abuse petition, brought by the Commissioner of Social Services and the Law Guardian for Najam M. against her respondent father, was reversed on appeal. The appellate court reinstated the petition and entered a finding of sexual abuse, remanding the case for further proceedings. Expert medical testimony from Dr. Jamie Hoffman Rosenfeld, a child abuse specialist, detailed physical abnormalities in the child consistent with chronic manipulation and sexual abuse, which she affirmed could not be self-inflicted. The child's consistent allegations of abuse by her father, made to multiple individuals, further supported the medical findings. The court determined that the petitioner had established a prima facie case of child abuse, which the parents' explanation failed to rebut.

Child AbuseSexual AbuseFamily CourtAppellate ReversalExpert Medical TestimonyHymenal InjuryPrima Facie CaseBurden of ProofChild InterviewParental Explanation Rebuttal
References
8
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