Opinion
530071
04-22-2021
In the Matter of the Claim of Dusan CANADANOVIC, Claimant, v. CENTRAL ABSORPTION OF LIC, INC., Appellant. Workers' Compensation Board, Respondent.
Schaefer Law Group, PC, Smithtown (Wayne J. Schaefer of counsel), for appellant. Letitia James, Attorney General, New York City (Donya Fernandez of counsel), for respondent.
Schaefer Law Group, PC, Smithtown (Wayne J. Schaefer of counsel), for appellant.
Letitia James, Attorney General, New York City (Donya Fernandez of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Mulvey and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Garry, P.J.
Appeal from a decision of the Workers' Compensation Board, filed February 5, 2019, which denied the employer's application for reconsideration and/or full Board review.
After receiving an unfavorable October 2018 decision from the Workers' Compensation Board, the employer applied for reconsideration and/or full Board review. The employer appealed from a February 2019 decision denying that application. After oral argument, this Court received a December 15, 2020 Board resolution that accepted the case for full Board review and, upon due consideration, the full Board rescinded the October 2018 decision and referred the case to the Board panel for further consideration. Having received the full Board review that it was seeking, the employer is no longer aggrieved by the February 2019 decision. Accordingly, this appeal is moot (see Matter of Pendock v. Matrix Communications Group, 148 A.D.3d 1505, 1506–1507, 49 N.Y.S.3d 319 [2017] ; Matter of Fabiano v. Sears, 27 A.D.3d 884, 884, 810 N.Y.S.2d 542 [2006] ).
Lynch, Clark and Reynolds Fitzgerald, JJ., concur; Mulvey, J., not taking part.
ORDERED that the appeal is dismissed, as moot, without costs.