McLaughlin v. Chairman, Workmen's Compensation Bd.
| Decision Date | 27 December 1977 |
| Citation | 400 N.Y.S.2d 401,60 A.D.2d 713 |
| Parties | In the Matter of William S. McLAUGHLIN, Petitioner, v. CHAIRMAN, WORKMEN'S COMPENSATION BOARD, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before GREENBLOTT, J. P., and SWEENEY, KANE, MAHONEY and HERLIHY, JJ.
Petition, insofar as it seeks review and reversal of the Board's determination dated August 14, 1974, denied, without costs. Petitioner's remedy as to this determination is to perfect his appeal in accordance with the provisions of Workmen's Compensation Law, § 23. The Board, however, is directed to include in the certified record on appeal claimant's application for a shortened record list dated April 28, 1975, the application for re-hearing based on newly discovered evidence dated July 9, 1975, the notice of hearing dated March 15, 1976, the transcript of the hearing held on April 21, 1976, the Board's decision dated July 29, 1976 and the letter of the Board Secretary dated November 16, 1976. The exercise of the Board's discretion in denying a re-hearing is, of course, reviewable by this Court (see e. g., Matter of Barrow v. Loon Lake Hotel, Inc., 3 A.D.2d 783, 160 N.Y.S.2d 593), and such review may be had upon the appeal from the underlying Board determination which disallowed the claim (cf. CPLR § 5501, subd. (a); 5517, subd. (b)). Pursuant to Rules of Practice, § 800.12, the Clerk of the Court is directed to accept petitioner's record and brief provided they are filed and served on or before February 27, 1978.
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Stewart v. McNitt
...89 A.D.2d 539, 452 N.Y.S.2d 629, aff'd 59 N.Y.2d 776, 464 N.Y.S.2d 751, 451 N.E.2d 488; Matter of McLaughlin v. Chairman, Workers' Compensation Board, 60 A.D.2d 713, 400 N.Y.S.2d 401). The Legislature has established his exclusive avenue for relief and he cannot contravene this statutory sc......