Anderson v. New York State Workers' Compensation Board

Appellate Division of the Supreme Court of New York

Anderson v. New York State Workers' Compensation Board

304 A.D.2d 1031, 757 N.Y.S.2d 392, 2003 N.Y. App. Div. LEXIS 4182

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 17, 2003

StatusPublished

This text of 304 A.D.2d 1031 (Anderson v. New York State Workers' Compensation Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. New York State Workers' Compensation Board, 304 A.D.2d 1031, 757 N.Y.S.2d 392, 2003 N.Y. App. Div. LEXIS 4182 (N.Y. Ct. App. 2003).

Pincite

Opinion

Kane, J.

Appeal from a judgment of the Supreme Court (Sheridan, J.), entered February 20, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Workers’ Compensation Board terminating his employment.

[1032]*1032On April 13, 2001, while the Chair of respondent Workers’ Compensation Board was out of state on vacation, he received a phone call from respondent Peter J. Molinaro, the Board’s general counsel. During that conversation, the Chair directed Molinaro to immediately terminate petitioner’s employment. Molinaro complied. Petitioner commenced this proceeding, contesting his termination. Supreme Court dismissed the petition, resulting in this appeal.

The Board’s Chair is the officer empowered to appoint and remove Board employees (see Workers’ Compensation Law § 149). Although the Chair issued an order of delegation, pursuant to Workers’ Compensation Law § 152, permitting others to perform some of his duties in certain circumstances, such order did not divest him of authority if he was able to perform those duties himself. Here, when provided with important information by telephone, the Chair decided to terminate petitioner. His request that Molinaro inform petitioner of the termination did not alter that decision’s origination. Accordingly, Supreme Court properly dismissed the petition.

Cardona, P.J., Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Kane, J.

Appeal from a judgment of the Supreme Court (Sheridan, J.), entered February 20, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Workers’ Compensation Board terminating his employment.

[1032]*1032On April 13, 2001, while the Chair of respondent Workers’ Compensation Board was out of state on vacation, he received a phone call from respondent Peter J. Molinaro, the Board’s general counsel. During that conversation, the Chair directed Molinaro to immediately terminate petitioner’s employment. Molinaro complied. Petitioner commenced this proceeding, contesting his termination. Supreme Court dismissed the petition, resulting in this appeal.

The Board’s Chair is the officer empowered to appoint and remove Board employees (see Workers’ Compensation Law § 149). Although the Chair issued an order of delegation, pursuant to Workers’ Compensation Law § 152, permitting others to perform some of his duties in certain circumstances, such order did not divest him of authority if he was able to perform those duties himself. Here, when provided with important information by telephone, the Chair decided to terminate petitioner. His request that Molinaro inform petitioner of the termination did not alter that decision’s origination. Accordingly, Supreme Court properly dismissed the petition.

Cardona, P.J., Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

304 A.D.2d 1031, 757 N.Y.S.2d 392, 2003 N.Y. App. Div. LEXIS 4182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-new-york-state-workers-compensation-board-nyappdiv-2003.