Matter of Whiteman v Richmor Aviation, Inc.
2008 NY Slip Op 04982 [52 AD3d 917]
June 5, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


In the Matter of the Claim of Erica Whiteman, Appellant, v Richmor Aviation, Inc., et al., Respondents. Workers' Compensation Board, Respondent.

—[*1] Buckley, Mendleson, Criscione & Quinn, P.C., Albany (Brendan G. Quinn of counsel), for appellant.

Stockton, Barker & Mead, Albany (Mederic J. Ethier of counsel), for Richmor Aviation, Inc. and another, respondents.

Lahtinen, J. Appeal from a decision of the Workers' Compensation Board, filed February 8, 2007, which ruled that claimant's application for review was untimely.

The current case arises from the same aircraft accident as in Matter of Hiser v Richmor Aviation, Inc. (52 AD3d 915 [2008] [decided herewith]) and involves the identical issue. For the reasons set forth in Matter of Hiser, we reverse and remit to the Workers' Compensation Board for consideration of the merits of claimant's argument.

Mercure, J.P., Spain, Kane and Malone Jr., JJ., concur. Ordered that the decision is reversed, with costs, and matter remitted to the Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.