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

Case No. 2025 NY Slip Op 02377
Regular Panel Decision
Apr 24, 2025

Matter of A. WW.

This case involves an appeal concerning a juvenile delinquency adjudication against A. WW. She was initially taken to a hospital under a Mental Hygiene Law § 9.41 hold and subsequently slapped a DSS caseworker, leading to a juvenile delinquency proceeding for attempted assault. Despite being medically cleared, A. WW. remained in the hospital's emergency room for six months due to the inability to find suitable placement. She eventually admitted to the charge, was adjudicated delinquent, and placed in OCFS custody. The Appellate Division, Third Department, reversed the Family Court's order and dismissed the petition in the interest of justice, highlighting the non-serious nature of the crime and the systemic failure in providing appropriate care for A. WW., and stating that a juvenile delinquency proceeding should not be leveraged for placement.

Juvenile DelinquencyMental Health LawCapacity EvaluationFamily Court ActEffective Assistance of CounselInterest of Justice DismissalChild WelfareHospital BoardingAppellate ReviewAttempted Assault
References
37
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 Criminal Contempt Proceedings Against Crawford

This decision addresses a criminal contempt proceeding initiated by the government against Gerald Crawford and Michael Warren for allegedly violating a temporary restraining order (TRO). The TRO, issued in an underlying civil action, prohibited certain conduct outside reproductive health care facilities. Defendants sought dismissal, arguing the TRO had expired under Rule 65(b) before their alleged violations. The Court rejected this, holding that the extended TRO became an appealable preliminary injunction, thus requiring defendants to obey it. The Court further denied defendants' motions for recusal, change of venue, and dismissal based on First Amendment claims, upholding the enforceability of its order.

Criminal ContemptTemporary Restraining Order (TRO)Preliminary InjunctionRule 65(b)Collateral Bar DoctrineFirst Amendment RightsRecusal MotionChange of Venue MotionJudicial AuthorityAppellate Review
References
55
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
Case No. MISSING
Regular Panel Decision
Jun 25, 1992

In re Shawn V.

Respondent appealed an order from the Family Court of Montgomery County which adjudicated him a juvenile delinquent for petit larceny and placed him in a State Division for Youth facility for 12 months. Respondent argued that this placement was not the least restrictive available alternative under Family Court Act § 352.2 (2). The Appellate Division affirmed the Family Court's decision, finding that extensive reports, including psychiatric, psychological, and probation reports, evidenced serious emotional and behavioral problems, a history of aggressive and antisocial conduct, and a clear threat to both himself and the community. Professionals consistently recommended secure placement, deeming direct community placement unwise due to the risk of continued antisocial behavior, and the examining psychologist indicated a risk of sex offense. The court concluded that ample evidence supported the Family Court's determination that placement in a Division for Youth facility was the appropriate least restrictive alternative.

Juvenile DelinquencyFamily Court ActLeast Restrictive AlternativeState Division for YouthPetit LarcenyBehavioral DisordersEmotional DisturbancesCommunity SafetyPsychiatric EvaluationProbation Report
References
4
Case No. MISSING
Regular Panel Decision

In re Yovanny L.

This case addresses the accuracy of court interpreter translations in a juvenile delinquency proceeding. The Assistant Corporation Counsel moved to strike the complainant's testimony, alleging significant errors by the court-appointed Mandarin interpreter. After conducting a hearing and considering testimony from both the Assistant Corporation Counsel and the interpreter, the court acknowledged that some minor errors in translation and interpreter conduct occurred. However, the court ultimately found these errors to be isolated instances and not sufficiently serious or pervasive to cause major prejudice to any party. Consequently, the drastic remedy of striking the testimony and starting anew was denied, and the trial was ordered to resume with a different Mandarin interpreter.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors
References
7
Case No. 2008 NY Slip Op 28029
Regular Panel Decision
Jan 29, 2008

Matter of Noel O.

This juvenile delinquency proceeding involved Noel O., accused of sex offenses against five-year-old Jessi M. The presentment agency sought to have Jessi M. declared a "vulnerable witness" under Family Court Act § 343.1 (4) and Criminal Procedure Law § 65.20, requesting her testimony via live, two-way closed-circuit television. The court, presided over by Judge John M. Hunt, considered expert psychological testimony from Dr. Mitchell Frank and Dr. Elizabeth Osborn, which highlighted Jessi M.'s significant fear, nightmares, and potential for severe emotional harm if required to testify in Noel O.'s presence. Applying a 2007 amendment, the court found clear and convincing evidence that Jessi M. was a vulnerable child witness due to her young age, the heinous nature of the alleged acts, Noel O.'s familial relationship, and the expert's assessment of psychological harm. Consequently, the court granted the motion, allowing Jessi M. to testify via closed-circuit television to prevent further trauma and ensure her ability to communicate effectively.

Juvenile DelinquencyVulnerable WitnessClosed-Circuit TelevisionChild AbuseSex OffenseWitness CompetencyConfrontation ClauseFamily Court ActCriminal Procedure LawExpert Testimony
References
39
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision
Jun 29, 2017

In re U.S. Steel Canada Inc.

U.S. Steel Canada Inc. (USSC), a Canadian subsidiary of U.S. Steel Corporation, initiated a Chapter 15 case in the U.S. Bankruptcy Court on June 2, 2017. The primary objective was to obtain recognition of its Canadian CCAA proceeding as a foreign main proceeding and to enforce the Sanction Order and the associated reorganization plan approved by the Canadian Court. No objections were raised to the requested relief. Following a hearing on June 29, 2017, the Court granted all requests, recognizing the CCAA proceeding and enforcing the Sanction Order and Plan. The Court's decision was based on USSC meeting Chapter 15 eligibility requirements, including having property in the U.S., and confirmed that the CCAA proceeding was a foreign main proceeding with USSC's center of main interests (COMI) in Canada.

Chapter 15 BankruptcyForeign Main ProceedingCross-Border InsolvencyCCAA ProceedingSanction OrderReorganization PlanInternational ComityBankruptcy Code Section 109(a)Center of Main Interests (COMI)Debtor Eligibility
References
50
Case No. 267 AD2d 668
Regular Panel Decision
Mar 17, 1999

In re the Arbitration between Civil Service Employees Ass'n & State

This case involves an appeal from a judgment of the Supreme Court concerning two proceedings. Proceeding No. 1, initiated by Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA) on behalf of Garmon Carnibucci, sought to confirm an arbitration award regarding the restoration of sick leave accruals for Carnibucci, who was terminated by the Division For Youth (DFY) under Civil Service Law § 71. Proceeding No. 2, commenced by Carnibucci, sought to hold DFY in contempt for allegedly failing to comply with a prior judgment mandating back pay and benefits. The Supreme Court confirmed the arbitration award and found no contempt, prompting an appeal from the petitioners. The Appellate Division dismissed the appeal in proceeding No. 1, determining that CSEA was not an aggrieved party since the relief it sought (confirmation of the award) was granted. In proceeding No. 2, the court affirmed the Supreme Court's judgment, finding no error in the appointment of a Referee to assess back pay calculations and concluding that DFY was not in contempt due to the lack of specificity in the prior judgment regarding the computation of back pay.

arbitration awardback pay disputesick leave accrualscontempt proceedingCPLR Article 75CPLR Article 78Civil Service Lawpublic employmentworkers' compensation boardjudicial review
References
7
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