Opinion
Motion No: 517828
03-14-2014
In the Matter of the Claim of JAMES DIAZ, Appellant, v. KLEINKNECHT ELECTRIC et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.
DECISION AND ORDER ON MOTION
Motion to strike appendix of respondents' brief and all references thereto in respondents' brief.
Cross motion to vacate stipulation and deem documents in respondents' appendix part of record on appeal, strike appendix of appellant's brief and dismiss appeal or strike appendix of appellant's brief and all references thereto in appellant's brief .
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied, without costs, and the appeal is removed from the April 2014 term of this Court. Appellant shall, on or before April 3, 2014, make an application to the Workers' Compensation Board to settle the record on appeal.
Peters, P.J., McCarthy, Rose and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court