RICCELLI ENTERPRISES, INC. V STATE OF NEW YORK WORKERS' COMPENSATION BOARD, ROBERT E. BELOTEN, CHAIRMAN OF WORKERS'
Motion No: 754-16
Slip Opinion No: 2016 NY Slip Op 95504(U)
Decided on December 23, 2016
Appellate Division, Fourth 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.


December 23, 2016

PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, TROUTMAN, AND SCUDDER, JJ.

MOTION NO. 754-16
DOCKET NO. CA 15-02074

RICCELLI ENTERPRISES, INC., ET AL.,

PETITIONERS-PLAINTIFFS-RESPONDENTS,

V

STATE OF NEW YORK WORKERS' COMPENSATION BOARD, ROBERT E.

BELOTEN, CHAIRMAN OF WORKERS' COMPENSATION BOARD AND SAFE

LLC, RESPONDENTS-DEFENDANTS-APPELLANTS.


Respondents-defendants-appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered September 30, 2016, and petitioners having cross-moved to dismiss respondents-defendants-appellants' motion as untimely,

Now, upon reading and filing the affirmation and statement of Jeffrey W. Lang, Esq., dated November 9, 2016, and November 25, 2016, the notice of motion with proof of service thereof, and the affirmation of Patricia S. Naughton, Esq., dated November 22, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are denied.

Entered: December 23, 2016

Frances E. Cafarell, Clerk