In the Matter of D'Errico v. New York City Department of Corrections

Decision Date17 December 2009
PartiesIn the Matter of the Claim of John D'ERRICO, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTIONS, Respondent, Workers' Compensation Board, Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal, insofar as taken from that portion of the Appellate Division order that affirmed the Workers' Compensation Board decision denying appellant's claim for benefits, dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that no appeal lies as of right from that part of the order absent the direct involvement of a substantial constitutional question; appeal, insofar as taken from that portion of the Appellate Division order that affirmed the decision of the Workers' Compensation Board denying appellant's request for reconsideration or full Board review, dismissed without costs, by the Court sua sponte, upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution.

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20 cases
  • Regan v. City of Hornell Police Dep't
    • United States
    • New York Supreme Court — Appellate Division
    • January 15, 2015
    ...determination" (Matter of D'Errico v. New York City Dept. of Corrections, 65 A.D.3d 795, 796, 883 N.Y.S.2d 828 [2009], appeal dismissed 13 N.Y.3d 899, 895 N.Y.S.2d 288, 922 N.E.2d 874 [2009] ; see Matter of Kaja v. Siller Bros., Inc., 74 A.D.3d 1511, 1512, 902 N.Y.S.2d 232 [2010] ; Matter o......
  • Washington v. Human Techs.
    • United States
    • New York Supreme Court — Appellate Division
    • March 14, 2019
    ...430 [2012] ; Matter of D'Errico v. New York City Dept. of Corrections , 65 A.D.3d 795, 795–796, 883 N.Y.S.2d 828 [2009], appeal dismissed 13 N.Y.3d 899, 895 N.Y.S.2d 288, 922 N.E.2d 874 [2009] ; see also JPMorgan Chase Bank, N.A. v. Verderose , 154 A.D.3d 1198, 1199, 63 N.Y.S.3d 579 [2017] ......
  • McCorkle–Spaulding v. Lowe's
    • United States
    • New York Supreme Court — Appellate Division
    • May 17, 2012
    ...before us ( see Matter of D'Errico v. New York City Dept. of Corrections, 65 A.D.3d 795, 795–796, 883 N.Y.S.2d 828 [2009],appeal dismissed13 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, 756–757, 623 N.Y.S.2d 364 [1995],lv. dismiss......
  • Petre v. Allied Devices Corp., 531107
    • United States
    • New York Supreme Court — Appellate Division
    • February 4, 2021
    ...652 [2017] ; Matter of D'Errico v. New York City Dept. of Corrections, 65 A.D.3d 795, 796, 883 N.Y.S.2d 828 [2009], appeal dismissed 13 N.Y.3d 899, 895 N.Y.S.2d 288, 922 N.E.2d 874 [2009] ). Further, upon reviewing the record before us, we are unpersuaded that the Board failed to consider t......
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