Claim of Nevins v. Block

Appellate Division of the Supreme Court of New York

Claim of Nevins v. Block

263 A.D. 753, 30 N.Y.S.2d 962, 1941 N.Y. App. Div. LEXIS 4816

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

DecidedNovember 12, 1941

StatusPublished

This text of 263 A.D. 753 (Claim of Nevins v. Block) 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 Nevins v. Block, 263 A.D. 753, 30 N.Y.S.2d 962, 1941 N.Y. App. Div. LEXIS 4816 (N.Y. Ct. App. 1941).

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Opinion

Motion to require the Industrial Board to receive notice of appeal. The Industrial Board, acting through one member, on August 1, 1941, modified a determination made by a referee. Application was then made under section 23 of the Workmen’s Compensation Law for a hearing by the entire Board. This application was denied on September twenty-sixth. Notice of appeal was served on October tenth appealing from the decision filed August 1, 1941. This was more than the twenty days allowed. The refusal to give a hearing by the entire Board on September twenty-sixth is not a reviewable order. There is a rule of the Industrial Board that if an appeal is taken from a decision by the Board acting through one member there will be no review granted by the entire Board. In denying this motion we feel that we should invite the attention of the Legislature to this incongruous situation. Motion denied. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Motion to require the Industrial Board to receive notice of appeal. The Industrial Board, acting through one member, on August 1, 1941, modified a determination made by a referee. Application was then made under section 23 of the Workmen’s Compensation Law for a hearing by the entire Board. This application was denied on September twenty-sixth. Notice of appeal was served on October tenth appealing from the decision filed August 1, 1941. This was more than the twenty days allowed. The refusal to give a hearing by the entire Board on September twenty-sixth is not a reviewable order. There is a rule of the Industrial Board that if an appeal is taken from a decision by the Board acting through one member there will be no review granted by the entire Board. In denying this motion we feel that we should invite the attention of the Legislature to this incongruous situation. Motion denied. Present — Hill, P. J., Crapser, Bliss, Sehenck and Foster, JJ.

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Bluebook (online)

263 A.D. 753, 30 N.Y.S.2d 962, 1941 N.Y. App. Div. LEXIS 4816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-nevins-v-block-nyappdiv-1941.