Legal Opinion
Reilly v. Kroeger
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1986Published
1Opinion of the Court
—Levine, J.
Appeal from three orders and judgments of the Supreme Court at Special Term (Hughes, J.), entered December 19, 1984 in Albany County, which granted defendants’ motions to dismiss the complaints.
In our view, Special Term correctly concluded that plaintiffs exclusive remedy with respect to the decisions made by a panel of the Workers’ Compensation Board is by way of direct appeal (Workers’ Compensation Law § 23; Matter of Bock v Cooperman, 89 AD2d 539, affd 59 NY2d 776).
Moreover, even if plaintiff had the right to sue members of the Board for their acts or omissions in their official…
2Cases cited4 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Bock v. CoopermanAppellate Division of the Supreme Court of the State of New York · 1982
- MATTER OF BOCK v. CoopermanNew York Court of Appeals · 1983