Legal Opinion
Claim of Franco v. Peckham Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 4 opinions
1Opinion of the CourtKavanagh, J.
We affirm. Inasmuch as claimant did not appeal from the Board’s determination not to amend the claim to include consequential tuberculosis myeletis and did not re-present the issue in its application for Board review, such claim is unpreserved (see Matter of Beers v Jump Start Advanced Academics, 57 AD3d 1026, 1028 [2008]; Matter of Cullen v City of White Plains, 45 AD3d 1167, 1168-1169 [2007]). Turning to the issue of whether the Board’s determination that claimant has no further disability due to his work-related back injury is supported by substantial evidence, we recognize the Board’s…
2Cases cited4 opinions
- Claim of Cullen v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2007
- Claim of Banner v. Anheuser-Busch CompaniesAppellate Division of the Supreme Court of the State of New York · 2009
- Claim of Beers v. Jump Start Advanced AcademicsAppellate Division of the Supreme Court of the State of New York · 2008
- Claim of Dimitriadis v. One SourceAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by4 opinions
- Matter of Fleurissaint v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- Claim of Steuber v. Home Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Claim of Steuber v. Home Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Matter of Turner v. New York City Dept. of Juvenile JusticeAppellate Division of the Supreme Court of the State of New York · 2018