Claim of Cucinella v. New York City Transit Authority
Opinion of the Court
In response to claimant’s application for full Board review, the Board filed an amended decision on June 29, 2010 that denied such review, but effectively rescinded its October 31, 2008 determination from which claimant currently appeals. Accordingly, this appeal must be dismissed as moot (see Matter of Morrison v T & D Painting, LLC, 53 AD3d 1026, 1027 [2008]; Matter of Fabiano v Sears, 27 AD3d 884 [2006]; Matter of Alund v Malt Riv. Brewing Co., 15 AD3d 746, 747 [2005]).
Mercure, J.E, Rose, McCarthy and Egan Jr., JJ, concur. Ordered that the appeal is dismissed, as moot, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.