Matter of Claim of John D'Errico v N. Y. City Dept. of Corrections

Matter of Claim of John D'Errico v N. Y. City Dept. of Corrections
Motion No:
Slip Opinion No: 2009 NY Slip Op 91566
Decided on December 17, 2009
Court of Appeals Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.



In the Matter of the Claim of John D'Errico,

Appellant,


v

New York City Department of Corrections,

Respondent,

Workers' Compensation Board,

Respondent.

Appeal, insofar as taken from that portion of the Appellate Division order that affirmed the Workers' Compensation Board decision denying appellant's claim for benefits, dismissed without costs, by the Courtsuasponte, upon the ground that no appeal lies as of right from that part of the order absent the direct involvement of a substantial constitutional question; appeal, insofar as taken from that portion of the Appellate Division order that affirmed the decision of the Workers' Compensation Board denying appellant's request for reconsideration or full Board review, dismissed without costs, by the Court sua sponte, upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution.