Fullington v. W. H. Loomis Talc Co.

Appellate Division of the Supreme Court of New York

Fullington v. W. H. Loomis Talc Co.

59 A.D.2d 625, 397 N.Y.S.2d 845, 1977 N.Y. App. Div. LEXIS 13466

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

DecidedSeptember 8, 1977

StatusPublished

Cited by1 cases

This text of 59 A.D.2d 625 (Fullington v. W. H. Loomis Talc 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.

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Fullington v. W. H. Loomis Talc Co., 59 A.D.2d 625, 397 N.Y.S.2d 845, 1977 N.Y. App. Div. LEXIS 13466 (N.Y. Ct. App. 1977).

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Opinion

Motion by claimant-appellant for extension of time to perfect appeal from decision of the Workmen’s Compensation Board dated June 5, 1975, and for other relief, denied, as academic, with $20 costs against the board. Cross motion to dismiss appeal as moot granted, and appeal dismissed with $20 costs against the board. The award of costs to claimant-appellant on these motions is indicated by the board’s failure to serve a full record list (12 NYCRR 300.18) although nearly two years passed since the date of the filing of the notice of appeal, and by the board’s belated resolution of June 21, 1977 which rescinded its prior decision six days after claimant-appellant filed the instant motion in this court (cf. Matter of Hutton v Ford Motor Co., 3 AD2d 169, 171). Greenblott, J. P., Sweeney, Kane, Mahoney and Herlihy, JJ., concur.

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Motion by claimant-appellant for extension of time to perfect appeal from decision of the Workmen’s Compensation Board dated June 5, 1975, and for other relief, denied, as academic, with $20 costs against the board. Cross motion to dismiss appeal as moot granted, and appeal dismissed with $20 costs against the board. The award of costs to claimant-appellant on these motions is indicated by the board’s failure to serve a full record list (12 NYCRR 300.18) although nearly two years passed since the date of the filing of the notice of appeal, and by the board’s belated resolution of June 21, 1977 which rescinded its prior decision six days after claimant-appellant filed the instant motion in this court (cf. Matter of Hutton v Ford Motor Co., 3 AD2d 169, 171). Greenblott, J. P., Sweeney, Kane, Mahoney and Herlihy, JJ., concur.

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Bluebook (online)

59 A.D.2d 625, 397 N.Y.S.2d 845, 1977 N.Y. App. Div. LEXIS 13466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fullington-v-w-h-loomis-talc-co-nyappdiv-1977.

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