Dukes v. Capitol Formation, Inc.

Decision Date12 September 1995
Citation632 N.Y.S.2d 495,86 N.Y.2d 810
Parties, 656 N.E.2d 594 In the Matter of the Claim of Walter DUKES, Jr., Appellant, v. CAPITOL FORMATION, INC., et al., Respondents. Workers' Compensation Board, Respondent.
CourtNew York Court of Appeals Court of Appeals

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

Motion, insofar as it seeks leave to appeal 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 upon the ground that appellant is not a party aggrieved (CPLR 5511); motion, insofar as it seeks leave to appeal 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 upon the ground that that portion of the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person and other ancillary relief dismissed as academic.

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5 cases
  • McCorkle–Spaulding v. Lowe's
    • United States
    • New York Supreme Court — Appellate Division
    • 17 Mayo 2012
    ... ... N.Y.3d 899, 895 N.Y.S.2d 288, 922 N.E.2d 874 [2009];Matter of Dukes v. Capitol Formation, 213 A.D.2d 756, 756757, 623 N.Y.S.2d 364 [1995],lv ... Kimber Mfg., Inc., 59 A.D.3d 782, 783, 872 N.Y.S.2d 750 [2009],lv. dismissed12 N.Y.3d 865, ... ...
  • DeVivo v. Sizzler Restaurant
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Diciembre 1999
    ... ... denied 92 N.Y.2d 891, 678 N.Y.S.2d 590, 700 N.E.2d 1226; Matter of Dukes v. Capitol Formation, 213 A.D.2d 756, 623 N.Y.S.2d 364, lvs. dismissed 86 ... ...
  • Sheets v. Airy Ridge Farm, LLC
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Julio 2018
    ... ... , mistake or other grounds warranting its invalidation (see Matter of Dukes v. Capitol Formation Inc., 213 A.D.2d 756, 757, 623 N.Y.S.2d 364 [1995], ... ...
  • Hildenbrandt v. Transportation Mfg. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Noviembre 1997
    ... ... review based on newly discovered evidence (see generally, Matter of Dukes v. Capitol Formation, 213 A.D.2d 756, 623 N.Y.S.2d 364, lvs. dismissed 86 ... ...
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