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Matter of Rice v. Kavanagh Trucking Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1978
69 A.D.2d 1027 (N.Y. App. Div. 1978)

Opinion

December 15, 1978

Not published with other decisions of December 15, 1978, 66 A.D.2d 948. [Rep.



Motion by respondent Workers' Compensation Board to dismiss appeal from board decision filed June 13, 1978 which affirmed a referee's finding of accident and causally related disability and which continued the case for the making of an award. Motion denied, without costs, on the ground that the board decision has determined all of the substantive issues in the case and is therefore final for the purposes of appeal. Contrary to respondent's assertions, the pendency of such an appeal should not delay the making of an award or the payment thereof (Workers' Compensation Law, § 23). Mahoney, P.J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.


Summaries of

Matter of Rice v. Kavanagh Trucking Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1978
69 A.D.2d 1027 (N.Y. App. Div. 1978)
Case details for

Matter of Rice v. Kavanagh Trucking Co., Inc.

Case Details

Full title:In the Matter of the Claim of NELSON RICE, Respondent, v. KAVANAGH…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 15, 1978

Citations

69 A.D.2d 1027 (N.Y. App. Div. 1978)

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