Claim of Michalko v. City of New York

Appellate Division of the Supreme Court of New York

Claim of Michalko v. City of New York

39 A.D.2d 979

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 1972·Published·Cited by 1 cases

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed November 7, 1968, which referred the ease to an impartial opthalmologist on the questions of causal relation and disability. The decision of the board did not determine the merits of the claim. Therefore, it is a nonfinal decision and not appealable (Matter of Dunham v. Pettibone-Milliken Corp., 36 A D 2d 866). Appellant’s co-operation with the board’s decision should be viewed by her as acting in her own best interest. Appeal dismissed, without costs. Herlihy, P. J., Greenblott, Simons, Kane and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed November 7, 1968, which referred the ease to an impartial opthalmologist on the questions of causal relation and disability. The decision of the board did not determine the merits of the claim. Therefore, it is a nonfinal decision and not appealable (Matter of Dunham v. Pettibone-Milliken Corp., 36 A D 2d 866). Appellant’s co-operation with the board’s decision should be viewed by her as acting in her own best interest. Appeal dismissed, without costs. Herlihy, P. J., Greenblott, Simons, Kane and Reynolds, JJ., concur.

Claim of Michalko v. City of New York, 39 A.D.2d 979 (N.Y. Ct. App. 1972).

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Opinion

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