Claim of Lepow v. Lepow Knitting Mills, Inc.

Appellate Division of the Supreme Court of New York

Claim of Lepow v. Lepow Knitting Mills, Inc.

261 A.D. 1013, 25 N.Y.S.2d 841, 1941 N.Y. App. Div. LEXIS 8547

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

DecidedMarch 5, 1941

StatusPublished

Cited by4 cases

This text of 261 A.D. 1013 (Claim of Lepow v. Lepow Knitting Mills, Inc.) 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 Lepow v. Lepow Knitting Mills, Inc., 261 A.D. 1013, 25 N.Y.S.2d 841, 1941 N.Y. App. Div. LEXIS 8547 (N.Y. Ct. App. 1941).

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Opinion

Appeal from a decision of the State Industrial Board reversing a previous decision by a referee disallowing the claim and finding that the claim for death benefit should be allowed. Neither side has raised the point that this is not an appealable decision. The referee, after hearings, disallowed the claim. Upon an appeal to the State Industrial Board the decision of the referee was reversed and the case restored to the referee’s calendar for the purpose of making an award. It is from this decision of the State Industrial Board that the appeal now before us has been taken. No final decision has been made. Neither has the claim been dismissed, nor has an award been made. Consequently this is not an appealable award or decision under section 23 of the Workmen’s Compensation Law and the appeal should be dismissed. (Matter of Falk v. Midland Dairy Co., Inc., 266 N. Y. 559; Matter of Sperduto v. N. Y. City Interborough Ry. Co., 226 id. 73; Sparone v. General Electric Co., 203 App. Div. 273.) Appeal dismissed, without costs. Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ., concur.

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Appeal from a decision of the State Industrial Board reversing a previous decision by a referee disallowing the claim and finding that the claim for death benefit should be allowed. Neither side has raised the point that this is not an appealable decision. The referee, after hearings, disallowed the claim. Upon an appeal to the State Industrial Board the decision of the referee was reversed and the case restored to the referee’s calendar for the purpose of making an award. It is from this decision of the State Industrial Board that the appeal now before us has been taken. No final decision has been made. Neither has the claim been dismissed, nor has an award been made. Consequently this is not an appealable award or decision under section 23 of the Workmen’s Compensation Law and the appeal should be dismissed. (Matter of Falk v. Midland Dairy Co., Inc., 266 N. Y. 559; Matter of Sperduto v. N. Y. City Interborough Ry. Co., 226 id. 73; Sparone v. General Electric Co., 203 App. Div. 273.) Appeal dismissed, without costs. Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ., concur.

Thomas Powell v. Workmen's Compensation Board of the State of New York, American Mutual Liability Insurance Co., and O'Brien Bros. Shipyard Corporation, Thomas Powell v. Workmen's Compensation Board of the State of New York, American Mutual Liability Insurance Co., O'Brien Bros. Shipyard Corporation, Lee & Simmons Lighterage Co., Inc., Liberty Mutual Insurance Co., Nelson Rockefeller, Governor of the State of New York, and Louis Lefkowitz, Attorney General of the State of New York

327 F.2d 131 (Second Circuit, 1964)

Powell v. Workmen's Compensation Board

327 F.2d 131 (Second Circuit, 1964)

Claim of Piekut v. Fleischer

276 A.D.2d 702 (Appellate Division of the Supreme Court of New York, 1950)

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Bluebook (online)

261 A.D. 1013, 25 N.Y.S.2d 841, 1941 N.Y. App. Div. LEXIS 8547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lepow-v-lepow-knitting-mills-inc-nyappdiv-1941.

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