Claim of Hinovic v. Greenstar Cooperative Market

Appellate Division of the Supreme Court of New York

Claim of Hinovic v. Greenstar Cooperative Market

111 A.D.3d 1031, 974 N.Y.S.2d 807

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

DecidedNovember 14, 2013

StatusPublished

This text of 111 A.D.3d 1031 (Claim of Hinovic v. Greenstar Cooperative Market) 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

Claim of Hinovic v. Greenstar Cooperative Market, 111 A.D.3d 1031, 974 N.Y.S.2d 807 (N.Y. Ct. App. 2013).

Pincite

Opinion

Lahtinen, J.

Appeal from a decision of the Workers’ Compensa[1032]*1032tion Board, filed August 29, 2011, which ruled that payment of workers’ compensation benefits to claimant continue at a tentative rate.

Claimant appeals from a decision of the Workers’ Compensation Board directing that she continue to receive benefits at a tentative rate, reflecting that she suffers from a partial disability, pending the outcome of efforts to reach a settlement pursuant to Workers’ Compensation Law § 32. She did not appeal from that decision, however, until almost two months after it was filed. In the absence of any indication that a lack of appropriate notice of the Board’s decision caused that delay, claimant’s appeal is untimely and must be dismissed (see Workers’ Compensation Law § 23; Matter of McHugh v Daily Freeman, 61 AD3d 1127, 1128 [2009]; Matter of Stabak v ISS Intl., 248 AD2d 814, 814 [1998], lv dismissed and denied 92 NY2d 891 [1998]).

Rose, J.E, Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Lahtinen, J.

Appeal from a decision of the Workers’ Compensa[1032]*1032tion Board, filed August 29, 2011, which ruled that payment of workers’ compensation benefits to claimant continue at a tentative rate.

Claimant appeals from a decision of the Workers’ Compensation Board directing that she continue to receive benefits at a tentative rate, reflecting that she suffers from a partial disability, pending the outcome of efforts to reach a settlement pursuant to Workers’ Compensation Law § 32. She did not appeal from that decision, however, until almost two months after it was filed. In the absence of any indication that a lack of appropriate notice of the Board’s decision caused that delay, claimant’s appeal is untimely and must be dismissed (see Workers’ Compensation Law § 23; Matter of McHugh v Daily Freeman, 61 AD3d 1127, 1128 [2009]; Matter of Stabak v ISS Intl., 248 AD2d 814, 814 [1998], lv dismissed and denied 92 NY2d 891 [1998]).

Rose, J.E, Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

111 A.D.3d 1031, 974 N.Y.S.2d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-hinovic-v-greenstar-cooperative-market-nyappdiv-2013.

Opinion

Related

Cite This Page — Counsel Stack