Opinion
May 20, 1971
Motion to dismiss appeal for mootness denied, without costs. After appeal was taken by the self-insured employer from a board decision dated March 4, 1970, the board, on its own motion, restored the case to its calendar for further consideration, and, thereafter, on February 22, 1971, filed a supplemental memorandum decision containing new findings, from which no appeal was taken. The board's supplemental decision, being substantially the same as the initial decision, is reviewable upon the appeal from the initial decision. (Cf. Matter of Rubino v. City of New York, 27 A.D.2d 588; Matter of Williams v. Bowers, 24 A.D.2d 1035; 10 Carmody-Wait 2d, New York Practice, §§ 70:23, 70:80; CPLR 5517.) Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.