Appellate Division of the Supreme Court of New York, 2012

Claim of Capalbo v. Stone & Webster Construction Services

Appellate Division of the Supreme Court of New York · Decided January 26, 2012 · Garry

91 A.D.3d 1263; 936 N.Y.2d 795

Cases that cite this one

7 later published cases cite this decision.

Claim of Mazzaferro v. Fast Track Structures, Inc. (Appellate Division of the Supreme Court of New York 2013)
Claim of Mazzaferro v. Fast Track Structures, Inc. (Appellate Division of the Supreme Court of New York 2013)
Claim of Visic v. O'Nero & Sons Construction Co. (Appellate Division of the Supreme Court of New York 2012)
Claim of Visic v. O'Nero & Sons Construction Co. (Appellate Division of the Supreme Court of New York 2012)
Lewis v. Albuquerque Public Schools (N.M. 2019)
Matter of Scalo v. C.D. Perry & Sons, Inc. (Appellate Division of the Supreme Court of New York 2015)
Matter of Kalkbrenner v. Accord Corporation (Appellate Division of the Supreme Court of New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Garry, J.

We affirm. The merits of the Board’s July 2010 decision are *1264not properly before this Court, as the carrier failed to appeal that decision and appealed only from the Board’s denial of its request for full Board review and/or reconsideration (see Matter of Dipippo v Accurate Signs & Awnings, 88 AD3d 1044, 1045 [2011]; Matter of Maqsood v McRoberts Protective Agency, 79 AD3d 1547 [2010], lv dismissed 16 NY3d 871 [2011]). Our analysis is therefore limited to deciding whether the Board’s denial was an abuse of discretion or otherwise arbitrary and capricious (see Matter of Siliverdis v Sea Breeze Servs. Corp., 82 AD3d 1459, 1460 [2011]; Matter of Maqsood v McRoberts Protective Agency, 79 AD3d at 1547). We decline to disturb the Board’s decision, as the record establishes that it addressed all relevant issues and the carrier did not present any evidence that was previously unavailable (see Matter of Maqsood v McRoberts Protective Agency, 79 AD3d at 1547; Matter of Gentile v Sovereign Motor Cars, 77 AD3d 1027, 1028 [2010], lv dismissed 16 NY3d 824 [2011]).

Peters, J.P., Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the decision is affirmed, with costs to claimant.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.