| Matter of Claim of Alexander Khaychuk |
| Motion No: 2024-295 |
| Slip Opinion No: 2024 NY Slip Op 74456 |
| Decided on September 17, 2024 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of the Claim of Alexander Khaychuk,
Respondent.
Amazon Logistics, Inc.,
Appellant.
Commissioner of Labor,
Respondent.
Motion, insofar as it seeks leave to appeal as against respondent Commissioner of Labor, dismissed as untimely (see CPLR 5513 [b]), as the prior motion for leave to appeal made at the Appellate Division was untimely as to the Commissioner (see Arthur Karger, Powers of the New York Court of Appeals § 12:3, at 436-437 [3d ed rev 2005]); motion, insofar as it seeks leave to appeal as against claimant Alexander Khaychuk, dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.