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

Case No. MISSING
Regular Panel Decision
Jan 19, 2001

In re Christina BB.

This case involves an appeal from an order of the Family Court of Cortland County, which granted a petitioner's application to adjudicate respondent's children as abused and/or neglected. The petitioner alleged the respondent exposed his 10-year-old son, Bradley, to a substantial risk of physical injury and that his daughters, Christina (11) and Victoria (6), were inadequately supervised and subjected to excessive corporal punishment. The Family Court found Bradley abused and all three children neglected, issuing an order placing respondent under supervision and temporarily enjoining contact with his children. The appellate court affirmed these findings, dismissing the respondent's procedural argument and upholding the lower court's conclusions regarding the BB gun incident and the children's emotional harm caused by the respondent's conduct.

Child abuseChild neglectFamily Court ActAppellate reviewPhysical injury riskCorporal punishmentPosttraumatic stress disorderInadequate supervisionEmotional impairmentBB gun incident
References
5
Case No. MISSING
Regular Panel Decision

In re Aniya L.

This appeal concerns two Family Court orders that adjudicated respondent's children as permanently neglected and terminated her parental rights. The respondent, the mother of two children, challenged the Family Court's findings and decisions on several grounds. The appellate court found no error in the Family Court's procedural rulings concerning the attorney for the children. It also concluded that the petitioner diligently worked to strengthen the family bond, providing various services tailored to the respondent's mental health issues, parenting deficiencies, and unstable housing. Ultimately, the court upheld the termination of parental rights, determining that the respondent failed to adequately plan for her children's future and that termination was in the children's best interests, given their stable preadoptive foster home.

Parental Rights TerminationPermanent NeglectDiligent EffortsBest Interests of ChildrenFamily Court ProcedureAttorney for Child RoleMental Health IssuesParenting SkillsDomestic Violence ConcernsUnstable Housing
References
19
Case No. MISSING
Regular Panel Decision

In re Beau II.

The case involves an appeal by a respondent, born in 1985 and classified as emotionally disturbed, against a Person in Need of Supervision (PINS) adjudication. In June 1998, school petitioners filed a PINS petition due to the respondent's tardiness and disruptive behavior. The Family Court adjudicated the respondent a PINS in October 1998 and placed him under probation in December 1998. The respondent argued that the PINS petition constituted a proposed change to his Individualized Education Program (IEP), triggering procedural safeguards under the Individuals with Disabilities Education Act (IDEA) and Education Law article 89. The court agreed with the respondent, finding that the IDEA and Education Law procedures were not followed before initiating the PINS proceeding. The court rejected the petitioners' reliance on a 1997 IDEA amendment, as the respondent was not charged with a crime. Consequently, the court reversed the order and dismissed the petition, emphasizing that initiating juvenile court proceedings for a disabled child should be treated as a change in educational placement, necessitating IDEA protections.

Special EducationIndividuals with Disabilities Education Act (IDEA)Person in Need of Supervision (PINS)Individualized Education Program (IEP)Due ProcessChange in Educational PlacementFamily Court ActEducation LawAppellate ReviewSchool Discipline
References
5
Case No. MISSING
Regular Panel Decision

In re Wilinston BB

This appeal stems from a Family Court order in Albany County, adjudicating the respondent a juvenile delinquent. The respondent contested the Family Court's decision not to suppress his written confession, arguing it was involuntarily made. The appellate court, however, affirmed the Family Court's ruling, finding no evidence of coercion during police questioning and noting the appropriate handling of the respondent's mother's presence. While acknowledging certain evidentiary errors by the Family Court, the appellate panel deemed them harmless given the overwhelming evidence of the respondent's guilt. Consequently, the original order of juvenile delinquency adjudication was affirmed.

juvenile delinquencyconfessionsuppression of evidenceinvoluntary confessionFamily Court Actevidentiary rulingsharmless errorrape first degreesodomy first degreepolice questioning
References
6
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

In re Jeffrey D.

Petitioner filed a petition under Family Court Act article 10, alleging child abuse and neglect of respondents' three-month-old son, Jeffrey. Initial allegations involved scalding and bruises, later supplemented with claims of numerous fractured ribs following further medical examinations. The Family Court found no abuse but adjudicated the child neglected. The mother appealed, but the Appellate Court rejected the mootness argument, citing the permanent stigma of a neglect adjudication. Based on expert medical testimony from Dr. Louise Godine, who identified nine fractured ribs indicative of forceful squeezing and determined the injuries predated the scalding, the Appellate Court affirmed the Family Court's finding. The court noted the parents' failure to provide a reasonable explanation for the injuries, allowing for strong adverse inferences.

Child Neglect AdjudicationFamily Court Act Article 10Infant Rib FracturesScalding InjuriesMedical Expert TestimonyPreponderance of Evidence StandardMootness Doctrine ApplicationParental Explanations DiscreditedAdverse InferencesAppellate Affirmation
References
9
Case No. ADJ8928936
Regular
May 06, 2015

DAVID ELEIDJIAN (Deceased), JULIE THOMAN as guardian ad litem for ELIZABETH ELEIDJIAN vs. HR COMP STAFFING LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, ACTION PERSONNEL AGENCY INC., HENKEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied their petition for removal. The WCAB found that the order joining Henkel Corporation as a party was an interlocutory procedural order, not a final order subject to reconsideration. Furthermore, the WCAB determined that the applicant was not denied procedural due process, as they had an opportunity to be heard on the joinder issue. Henkel Corporation was joined as a potential joint employer for the full adjudication of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalInterlocutory OrderProcedural Due ProcessJoinder of PartyJoint EmployerUninsured Employers Benefits Trust FundSubstantive RightsAdjudication
References
1
Case No. MISSING
Regular Panel Decision
Jul 12, 1984

In re Kim F.

The Family Court, New York County, issued a final order of disposition adjudicating 15-year-old Kim F. a juvenile delinquent for acts constituting arson in the second degree and criminal mischief in the fourth degree. This adjudication followed a guilty plea entered in Rockland County Family Court concerning an incident where Kim F. intentionally started a fire at a mental health center. The appellate court reversed this order, vacated the guilty plea, and remanded the case to the Rockland County Family Court for further proceedings. The reversal was based on several procedural errors, including the failure to notify Kim F.'s parents, inadequate advisement of her rights to remain silent and counsel, and the lack of an admission of intentional damage, which is a required element of the crimes charged. The court emphasized the necessity for both the minor and a parent to understand and waive such fundamental rights before a guilty plea can be accepted.

Juvenile DelinquencyArson Second DegreeCriminal Mischief Fourth DegreeGuilty PleaParental NotificationRight to CounselRight to Remain SilentDue ProcessVacated PleaRemand
References
6
Case No. MISSING
Regular Panel Decision

Laflamme v. Carpenters Local 370 Pension Plan

Plaintiff Michael LaFlamme initiated a class action against the Carpenters Local #370 Pension Plan and its Board of Trustees, alleging violations of the Employee Retirement Income Security Act (ERISA) concerning the plan's 'freezing rule' for benefit accrual after a 'break in service.' LaFlamme sought a judicial declaration that this rule contravenes ERISA's minimum accrual standards, along with a reformation of the pension plan and recalculation of benefits for all affected class members. The court, presided over by District Judge Hurd, evaluated the motion for class certification under Federal Rule of Civil Procedure 23(a) and (b), finding that the requirements of numerosity, commonality, typicality, and adequacy of representation were met. Consequently, the motion for class certification was granted, establishing a class comprised of all plan participants, active or retired, who experienced a service break resulting in frozen benefit accrual rates. The decision also outlined procedures for providing notice to the newly certified class members, while deferring detailed adjudication of defenses like statute of limitations and exhaustion of remedies to later dispositive motions.

ERISAPension BenefitsClass ActionBenefit AccrualFreezing RuleBreaks in ServiceClass CertificationRule 23(a)Rule 23(b)Federal Civil Procedure
References
49
Case No. MISSING
Regular Panel Decision
Oct 07, 1988

In re Melissa R.

This case involves an appeal from an order of the Family Court of Otsego County, which granted a petitioner's application to adjudicate seven children as neglected. The investigation stemmed from a report to the State Central Register of Alleged Child Abuse or Maltreatment. Following a fact-finding hearing, the children were found neglected due to issues like academic struggles, chaotic home conditions, excessive corporal punishment, and a lack of care from the parents. The respondents appealed, contending that much of the proof was uncorroborated hearsay and that a "diligent plan" was not provided, but these arguments were rejected by the court. The order was affirmed.

neglectchild abusecorporal punishmentFamily Court ActSocial Services LawOtsego Countyappealtemporary removalcustodyfact-finding hearing
References
1
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