Workers' Compensation Board of State of New York v To
Motion No: 2011-08668
Slip Opinion No: 2011 NY Slip Op 93316(U)
Decided on December 20, 2011
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M130251

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2011-08668

Workers' Compensation Board of State of

New York, respondent, v Tony's Marble &

Granite Supply Corp., et al., appellants.

(Index No. 16762/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated July 26, 2011, as barred by Workers' Compensation Law § 26.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Workers' Compensation Law § 26).

DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court