Claim of Zizolfo v. Western Electric Co.

Appellate Division of the Supreme Court of New York

Claim of Zizolfo v. Western Electric Co.

72 A.D.2d 639, 422 N.Y.S.2d 137, 1979 N.Y. App. Div. LEXIS 13778

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

DecidedOctober 18, 1979

StatusPublished

Cited by2 cases

This text of 72 A.D.2d 639 (Claim of Zizolfo v. Western Electric Co.) 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 Zizolfo v. Western Electric Co., 72 A.D.2d 639, 422 N.Y.S.2d 137, 1979 N.Y. App. Div. LEXIS 13778 (N.Y. Ct. App. 1979).

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Opinion

Appeal from a decision of the Workers’ Compensation Board, filed November 29, 1978. By a decision dated October 28, 1977, claimant was awarded compensation by a referee and appellant attorney was allowed a fee of $500. An additional fee of $1,500 was sought by claimant’s attorney, but the board found that appellant had been adequately compensated for services rendered. The sole issue on this appeal concerns the amount of the fee allowed to claimant’s attorney. Pursuant to section 24 of the Workers’ Compensation Law, the board has the power of approval of attorneys’ fees and its determination in this regard will not be disturbed unless the fee fixed is so low or shocking as to be arbitrary, capricious or unreasonable as a matter of law (Matter of Walsh v Sucrest Corp., 37 AD2d 321, 323, affd 31 NY2d 751; Matter of Baranowski v Endicott Johnson Corp., 28 AD2d 780). Upon examination of the record on this appeal, we find no such reason to disturb the board’s determination regarding attorney’s fees and, therefore, the decision must be affirmed. Decision affirmed, with costs to the Workers’ Compensation Board against appellant. Greenblott, J. P., Sweeney, Staley, Jr., Main and Herlihy, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed November 29, 1978. By a decision dated October 28, 1977, claimant was awarded compensation by a referee and appellant attorney was allowed a fee of $500. An additional fee of $1,500 was sought by claimant’s attorney, but the board found that appellant had been adequately compensated for services rendered. The sole issue on this appeal concerns the amount of the fee allowed to claimant’s attorney. Pursuant to section 24 of the Workers’ Compensation Law, the board has the power of approval of attorneys’ fees and its determination in this regard will not be disturbed unless the fee fixed is so low or shocking as to be arbitrary, capricious or unreasonable as a matter of law (Matter of Walsh v Sucrest Corp., 37 AD2d 321, 323, affd 31 NY2d 751; Matter of Baranowski v Endicott Johnson Corp., 28 AD2d 780). Upon examination of the record on this appeal, we find no such reason to disturb the board’s determination regarding attorney’s fees and, therefore, the decision must be affirmed. Decision affirmed, with costs to the Workers’ Compensation Board against appellant. Greenblott, J. P., Sweeney, Staley, Jr., Main and Herlihy, JJ., concur.

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Bluebook (online)

72 A.D.2d 639, 422 N.Y.S.2d 137, 1979 N.Y. App. Div. LEXIS 13778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-zizolfo-v-western-electric-co-nyappdiv-1979.

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