| Matter of Hinovic v Greenstar Coop. Mkt. |
| 2013 NY Slip Op 07528 [111 AD3d 1031] |
| November 14, 2013 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Claim of Mensura Hinovic,
Appellant, v Greenstar Cooperative Market et al., Respondents. Workers' Compensation Board, Respondent. |
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Gitto & Niefer, LLP, Binghamton (Jason M. Carlton of counsel), for Greenstar
Cooperative Market and another, respondents.
Lahtinen, J. Appeal from a decision of the Workers' Compensation Board, filed August 29, 2011, which ruled that payment of workers' compensation benefits to claimant continue at a tentative rate.
Claimant appeals from a decision of the Workers' Compensation Board directing that she continue to receive benefits at a tentative rate, reflecting that she suffers from a partial disability, pending the outcome of efforts to reach a settlement pursuant to Workers' Compensation Law § 32. She did not appeal from that decision, however, until almost two months after it was filed. In the absence of any indication that a lack of appropriate notice of the Board's decision caused that delay, claimant's appeal is untimely and must be dismissed (see Workers' Compensation Law § 23; Matter of McHugh v Daily Freeman, 61 AD3d 1127, 1128 [2009]; Matter of Stabak v ISS Intl., 248 AD2d 814, 814 [1998], lv dismissed and denied 92 NY2d 891 [1998]).
Rose, J.P., Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.