Claim of O'Brien v. Hotel Statler

3 A.D.2d 689, 158 N.Y.S.2d 801, 1957 N.Y. App. Div. LEXIS 6544
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 31, 1957
StatusPublished
Cited by1 cases

This text of 3 A.D.2d 689 (Claim of O'Brien v. Hotel Statler) 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 O'Brien v. Hotel Statler, 3 A.D.2d 689, 158 N.Y.S.2d 801, 1957 N.Y. App. Div. LEXIS 6544 (N.Y. Ct. App. 1957).

Opinion

Motion to add the above compensation case to the day calendar of this court. It appears that after the preparation and filing of the record and briefs on appeal by appellants the board reconsidered the case, vacated the award and dismissed the claim. In view of the fact that an appeal was pending such action on the part of the board was at least irregular (Matter of Jones v. Schenectady Boys Club, 276 App. Div. 879; Matter of Di Mezzo v. Levor & Go., 281 App. Div. 719). While no award is now in effect we think appellants are entitled to disbursements under the circumstances. The case is added to the day calendar for the purpose of an order directing the payment of disbursements to appellants by the Workmen’s Compensation Board, and the appeal thereupon is dismissed. Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ., concur.

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Bluebook (online)
3 A.D.2d 689, 158 N.Y.S.2d 801, 1957 N.Y. App. Div. LEXIS 6544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-obrien-v-hotel-statler-nyappdiv-1957.