Matter of Neglia v. . Zimmerman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 6, 1923, reversing an award of the state industrial board made under the Workmen’s Compensation Law and remitting the matter to said board. Compensation was properly awarded at the rate of fifteen dollars a week. (Cons. Laws, ch. 67, § 15, subd. 5.) Claimant is entitled to twenty dollars a week. (Phonville v. N. Y. & C. S. S. Co., 226 N. Y. 622.)
1Opinion of the CourtCrane, J.
The only question involved in this appeal is the amount which has been awarded to the claimant. Some question has arisen over our jurisdiction due to the form of the Appellate Division order. The order of reversal reads:
“ Ordered, that the award of the State Industrial Board appealed from be and the same is hereby reversed, and- the matter remitted to the said Board.”
On its face this would not be a final order. The Appellate Division, therefore, in certifying to us a question" to review should have stated the question. This is the practice pursuant to subdivision 3 of section 190 of the Code…
2Cases cited3 opinions
- People Ex Rel. Standard Oil Co. v. . LawNew York Court of Appeals · 1923
- In Re the Accounting of KlenkNew York Court of Appeals · 1915
- In re the Judicial Settlement of the Account of KlenkAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by10 opinions
- Matter of Reynolds v. CropseyNew York Court of Appeals · 1925
- Matter of Colonial Liquor Distributors v. O'ConnellNew York Court of Appeals · 1946
- North American Holding Corp. v. MurdockAppellate Division of the Supreme Court of the State of New York · 1958
- Carlin v. Lockport Paper Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Foster v. Department of Labor & IndustriesWashington Supreme Court · 1931
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