Legal Opinion
McNally v. Workers' Compensation Board
Appellate Division of the Supreme Court of the State of New York
Decided February 8, 2013Published
1Opinion of the Court
Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered March 12, 2012. The order dismissed the petition.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated, leave to amend the petition to include a request to vacate the stipulation of discontinuance in the underlying action is granted, the request is granted and the stipulation of discontinuance is vacated, and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following…
2Cases cited5 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- New York City Housing Authority v. JacksonAppellate Division of the Supreme Court of the State of New York · 2008
- Buchanan v. ScovilleAppellate Division of the Supreme Court of the State of New York · 1997
- Pasteur v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1997