Legal Opinion

Claim of Fowler v. Crouse Community Center

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

Decided December 27, 2012Published

1Opinion of the CourtMalone Jr., J.

*1569“Board decisions which neither decide all substantive issues nor involve a threshold legal issue are not appealable” (Matter of McClam v American Axle & Mfg., 79 AD3d 1315, 1316 [2010] [internal quotation marks and citations omitted]; see Matter of Bush v Beltrone Constr., 289 AD2d 722, 723 [2001]). Here, the appeal must be dismissed because the issue of apportionment remains unresolved pending a determination on permanency (see id.). Notably, our dismissal of this interlocutory appeal “will further the policy goal of avoiding piecemeal review of issues in workers’ compensation cases, without…

2Cases cited3 opinions

  1. Claim of McClam v. American Axle & ManufacturingAppellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Bush v. Beltrone ConstructionAppellate Division of the Supreme Court of the State of New York · 2001
  3. Claim of Walker v. Fred H. Low & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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