Shine v. Duncan Petroleum Transport, Inc.

The court holds today, almost casually, that both courts below had abused their discretion, as a matter of law, in staying further proceedings in this action pending a determination by the Workers’ Compensation Board as to whether plaintiffs’ decedents were employees of defendant Duncan Petroleum Transport, Inc., at the time they suffered injuries resulting in theindeaths. Because I cannot agree that the courts below abused their discretion, especially in light of our clear pronouncements in Murray v City of New York (43 NY2d 400) and O’Rourke v Long (41 NY2d 219), I must dissent.

In O’Rourke…