Dukes v. Capitol Formation, Inc.

CourtNew York Court of Appeals
Citation87 N.Y.2d 891,640 N.Y.S.2d 872
Parties, 663 N.E.2d 913 In the Matter of Walter DUKES, Jr., Appellant, v. CAPITOL FORMATION, INC., et al., Respondents. Workers' Compensation Board, Respondent.
Decision Date28 December 1995

Prior Report: 86 N.Y.2d 810, 632 N.Y.S.2d 495, 656 N.E.2d 594.

Reported below: 213 A.D.2d 756, 623 N.Y.S.2d 364.

On the Court's own motion, appeal, insofar as taken from so much of the Appellate Division order as dismissed appellant's appeal from that portion of the June 7, 1993 decision of the Workers' Compensation Board that affirmed the November 12, 1991 decision of the Workers' Compensation Law Judge made upon stipulation, dismissed, without costs, upon the ground that appellant is not a party aggrieved (CPLR 5511); appeal, insofar as taken from so much of the Appellate Division order as dismissed appellant's appeal from that portion of the June 7, 1993 decision of the Workers' Compensation Board that affirmed the April 25, 1992 decision of the Workers' Compensation Law Judge and as affirmed the August 19, 1993 decision of the Workers' Compensation Board, dismissed, without costs, upon the ground that that portion of the Appellate Division order does not finally determine the proceeding within the meaning of the Constitution. Motion for reargument, etc. denied.

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9 cases
  • Lloyd v. New Era Cap Co.
    • United States
    • New York Supreme Court Appellate Division
    • January 20, 2011
    ...213 A.D.2d 756, 757, 623 N.Y.S.2d 364 [1995], lv. dismissed 86 N.Y.2d 810, 632 N.Y.S.2d 495, 656 N.E.2d 594 [1995], appeal dismissed 87 N.Y.2d 891, 640 N.Y.S.2d 872, 663 N.E.2d 913 [1995] ). Here, the record fails to reveal that the agreement to classify claimant as permanently partially di......
  • McCorkle–Spaulding v. Lowe's
    • United States
    • New York Supreme Court Appellate Division
    • May 17, 2012
    ...213 A.D.2d 756, 756–757, 623 N.Y.S.2d 364 [1995],lv. dismissed86 N.Y.2d 810, 632 N.Y.S.2d 495, 656 N.E.2d 594 [1995],appeal dismissed87 N.Y.2d 891, 640 N.Y.S.2d 872, 663 N.E.2d 913 [1995] ). Therefore, our inquiry is limited to whether the Board abused its discretion or acted in an arbitrar......
  • DeVivo v. Sizzler Restaurant
    • United States
    • New York Supreme Court Appellate Division
    • December 2, 1999
    ...Matter of Dukes v. Capitol Formation, 213 A.D.2d 756, 623 N.Y.S.2d 364, lvs. dismissed 86 N.Y.2d 810, 632 N.Y.S.2d 495, 656 N.E.2d 594, 87 N.Y.2d 891, 640 N.Y.S.2d 872, 663 N.E.2d 913). Were we Page 516 to reach the merits of claimant's appeal, we would nevertheless affirm for the record co......
  • Sheets v. Airy Ridge Farm, LLC, 526000
    • United States
    • New York Supreme Court Appellate Division
    • July 19, 2018
    ...Formation Inc., 213 A.D.2d 756, 757, 623 N.Y.S.2d 364 [1995], lvs dismissed 86 N.Y.2d 810, 632 N.Y.S.2d 495, 656 N.E.2d 594 [1995], 87 N.Y.2d 891, 640 N.Y.S.2d 872, 663 N.E.2d 913 [1995] ). Therefore, we find no reason to disturb the Board's decision.ORDERED that the decision is affirmed, w......
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