Opinion
Motion No: 520132
05-13-2016
In the Matter of the Claim of ROBERT WALCZYK, Respondent, v. LEWIS TREE SERVICE, INC., Respondent, and ZURICH AMERICAN INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.
DECISION AND ORDER ON MOTION
Motion for recision, substitution or, in the alternative, reconsideration or permission to appeal to the Court of Appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for recision is denied, without costs (see Matter of Kuczynski v Trinity Foundry, 128 AD3d 1289, 1290 n 2 [2015]), and it is further
ORDERED that the motion for substitution is granted, without costs, and Carol A. Walczyk, as administrator of the estate of Robert W. Walczyk, deceased, is substituted for Robert Walczyk, and it is further
ORDERED that the motion for reconsideration or, in the alternative, permission to appeal to the Court of Appeals is denied, without costs.
Garry, J.P., Rose, Lynch, Devine and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court