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Claim of Rudes v. Alpha Portland Cement Co.

41 A.D.2d 859 Court N.Y. App. Div. Decision date 1973-04-06 English

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p. 859
In the Matter of the Claim of John Rudes, Deceased, Respondent-Appellant, v. Alpha Portland Cement Company et al., Appellants-Respondents. Workmen’s Compensation Board, Respondent. John S. Hogg, Appellant.

Motion for order compelling respondent Workmen’s Compensation Board to accept cross notice of appeal served February 1, 1973, denied, without costs. We are of the opinion that, absent clear statutory authority therefor, the provision of CPLR 5513 (subd. [b]) with respect to the taking of cross appeals does not apply to appeals from decisions of the Workmen’s Compensation Board. Greenblott, J. P., Cooke, Sweeney, Kane and Main, JJ., concur.