Legal Opinion
Claim of Capalbo v. Stone & Webster Construction Services
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2012PublishedCited by 7 opinions
1Opinion of the CourtGarry, J.
We affirm. The merits of the Board’s July 2010 decision are *1264not properly before this Court, as the carrier failed to appeal that decision and appealed only from the Board’s denial of its request for full Board review and/or reconsideration (see Matter of Dipippo v Accurate Signs & Awnings, 88 AD3d 1044, 1045 [2011]; Matter of Maqsood v McRoberts Protective Agency, 79 AD3d 1547 [2010], lv dismissed 16 NY3d 871 [2011]). Our analysis is therefore limited to deciding whether the Board’s denial was an abuse of discretion or otherwise arbitrary and capricious (see Matter of Siliverdis v Sea Breeze…
2Cases cited3 opinions
- Claim of Siliverdis v. Sea Breeze Services Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Claim of Dipippo v. Accurate Signs & AwningsAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Gentile v. Sovereign Motor CarsAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by7 opinions
- Matter of Kalkbrenner v. Accord CorporationAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Scalo v. C.D. Perry & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Lewis v. Albuquerque Public SchoolsNew Mexico Supreme Court · 2019
- Claim of Mazzaferro v. Fast Track Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Claim of Mazzaferro v. Fast Track Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
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