Legal Opinion

O'Hara v. Bigger

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1996PublishedCited by 4 opinions

1Opinion of the Court

*508The Supreme Court properly found that the decision of the Workers’ Compensation Board did not serve as grounds for collateral estoppel or res judicata as to the General Municipal Law § 207-c hearing decision. The determination upon the General Municipal Law § 207-c claim was dated November 3, 1994. The decision of the Workers’ Compensation Board was dated November 6, 1994.

Moreover, there is substantial evidence to support the General Municipal Law § 207-c Hearing Officer’s determination that the injury to the petitioner was non-work related (see, CPLR 7803 [4]; Matter of Pell v Board of…

2Cases cited3 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  3. Hoover v. WatersAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. Flynn v. PeaseAppellate Division of the Supreme Court of the State of New York · 1997
  2. Laird v. Village of Pelham ManorAppellate Division of the Supreme Court of the State of New York · 2011
  3. Moshier v. City of Little FallsAppellate Division of the Supreme Court of the State of New York · 2001
  4. Kahl v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2005

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