Legal Opinion · Concurring in part, dissenting in part
Pittston Stevedoring Corp. v. Dellaventura
Court of Appeals for the Second Circuit
Decided July 1, 1976No. Nos. 1004, 1014, 1044, 1111, Dockets 76-4042, 76-4009, 76-4043 and 76-4249Published
1Concurring in part, dissenting in partLumbard, Circuit Judge
I agree that Pittston’s petition seeking review of the award in Scaffidi’s case should be dismissed as there is no justiciable controversy by reason of the insurance carrier’s payment of the award. I also agree that Pittston’s petition to review Dellaventura’s case should be dismissed as untimely filed.
With respect to the denial of the petitions in the Blundo and Caputo cases, I respectfully dissent. As the relevant considerations have been so ably and extensively set forth here by Judge Friendly and also by Judge Winter in I.T.O. of Baltimore v. Benefits Review Board, U. S. Dep’t of Labor…