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Matter of Ptaszynski v. American Sugar Ref. Co.

Appellate Division of the Supreme Court of New York, Third Department
May 3, 1950
277 App. Div. 800 (N.Y. App. Div. 1950)

Opinion

May 3, 1950.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Brewster, Deyo, Bergan and Coon, JJ. [See post, p. 910.]


The appeal is from a decision of the board which, on claimant's application, reviewed and reversed a referee's findings and decision which had dismissed her claim upon the ground of the insufficiency of the evidence as to an industrial accident fatal to her husband. The decision appealed from restored claimant's case to a referee calendar "for consideration of rate" and "to make an award for death benefits and funeral expenses", and such was the first decision in the matter adverse to appellant. The appeal was timely as regards the thirty days' period provided by the forepart of section 23 of the statute but it was not taken within the twenty-day period prescribed in its latter part for an appeal from a board decision which is made upon application for a modification, rescission or review of a referee's decision (Workmen's Compensation Law, § 23). We do not construe the twenty-day limitation as applying to a party who appeals from a board decision which for the first time is adverse to him and which results from an application made only by an adverse party. Literally the provision may be said to so apply but considering the section as a whole neither logic nor good reason indicates a legislative intent to thus shorten the time of one to appeal from the first decision adverse to him simply because it was brought about on the application or appeal of his theretofore unsuccessful adversary. Motion denied, without costs.


Summaries of

Matter of Ptaszynski v. American Sugar Ref. Co.

Appellate Division of the Supreme Court of New York, Third Department
May 3, 1950
277 App. Div. 800 (N.Y. App. Div. 1950)
Case details for

Matter of Ptaszynski v. American Sugar Ref. Co.

Case Details

Full title:In the Matter of the Claim of CLARA PTASZYNSKI, Respondent, against…

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

Date published: May 3, 1950

Citations

277 App. Div. 800 (N.Y. App. Div. 1950)