Claim of Morrison v. T & D Painting, LLC, 53 A.D.3d 1026 (N.Y. App. Div. 3d Dep't 2008). · Go Syfert
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Claim of Morrison v. T & D Painting, LLC, 53 A.D.3d 1026 (N.Y. App. Div. 3d Dep't 2008). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Claim of Pendock v. Matrix Commc'ns Grp., 148 A.D.3d 1505 (N.Y. App. Div. 3d Dep't 2017)
How cited ↗
Cited for
At page 1027 Dismissing appeal as moot after granting full board review3 citing casesOn July 15, 2008, claimant’s application for full Board review was granted, the decision filed September 18, 2007 was rescinded and the case was referred to…opening of page *1027 (no citing court says what it cites this page for) · 2 listed here
  • Claim of West v. Titan Express, Inc., 115 A.D.3d 1045 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Group, 104 AD3d 1099 , 1100 [2013]; Matter of Morrison v T & D Painting, LLC, 53 AD3d 1026, 1027 [2008]).
  • Claim of Cucinella v. New York City Transit Auth., 82 A.D.3d 1453 (N.Y. App. Div. 3d Dep't 2011).published
    Accordingly, this appeal must be dismissed as moot (see Matter of Morrison v T & D Painting, LLC, 53 AD3d 1026, 1027 [2008]; Matter of Fabiano v Sears, 27 AD3d 884 [2006]; Matter of Alund v Malt Riv.
At page 1026 Determining employee status for workers' compensation benefits2 citing casesMercure, J.P. Appeal from a decision of the Workers’ Compensation Board, filed September 18, 2007, which ruled that claimant was not an employee of T & D…opening of page *1026 (no citing court says what it cites this page for) · 1 listed here
  • Claim of Pendock v. Matrix Commc'ns Grp., 148 A.D.3d 1505 (N.Y. App. Div. 3d Dep't 2017).published 2 cites
    Auth., 82 AD3d 1453, 1454 [2011]; Matter of Morrison v T & D Painting, LLC, 53 AD3d 1026, 1026-1027 [2008]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Donald Morrison
v.
T & D Painting, LLC, Workers' Compensation Board
Appellate Division of the Supreme Court of the State of New York.
Jul 31, 2008.
Published opinion
53 A.D.3d 1026
Mercure.
Cited by 5 opinions  |  Published
Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed September 18, 2007, which ruled that claimant was not an employee of T & D Painting, LLC and denied his claim for workers’ compensation benefits.

Claimant was scraping windows when a support platform collapsed beneath him, causing him to fall to the ground and fracture his ankle. Claimant filed an application for workers’ compensation benefits as an employee of T & D Painting, LLC, which, in turn, contended that claimant had been hired as an independent contractor. Following a hearing, a Workers’ Compensation Law Judge determined, among other things, that an employer-employee relationship existed between claimant and T & D Painting, and awarded benefits to claimant. Upon review, however, the Workers’ Compensation Board reversed and the claim was disallowed. Claimant now appeals.

[*1027] On July 15, 2008, claimant’s application for full Board review was granted, the decision filed September 18, 2007 was rescinded and the case was referred to the Board for further consideration. Accordingly, the appeal must be dismissed as moot (see Matter of Fabiano v Sears, 27 AD3d 884 [2006]).

Rose, Kane, Malone Jr. and Kavanagh, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

[By unpublished motion entered Sept. 16, 2008 (2008 NY Slip Op 83276), a prior decision entered July 31, 2008 was vacated and replaced with the above text.]