| In the Matter of Maria J. Carucci v St. James School et Workers' Compensation Board |
| Motion No: 508071 |
| Slip Opinion No: 2009 NY Slip Op 92300(U) |
| Decided on December 23, 2009 |
| Appellate Division, Third Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Decided and Entered:
December 23, 2009
Case # 508071
In the Matter of the Claim of MARIA J. CARUCCI, Appellant, v Respondents.
|
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal.
Cross motion to amend notice of appeal and for further relief.
Upon the
papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to
dismiss the appeal is denied, without costs, and it is further
ORDERED that the cross motion is granted, without costs, to the extent that
the notice of appeal is deemed amended to indicate that the appeal is being taken from a decision of the Workers' Compensation Board dated
and filed September 10, 2009, and appellant shall serve an amended notice of appeal upon the Special Funds Conservation Committee within 15
days from the date of this decision (see CPLR 5520 [a], [c]).
SPAIN, J.P., ROSE, KANE, McCARTHY and GARRY, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court