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Marciniak v. Berlitz School of Languages

34 N.Y.2d 843 Court N.Y. Decision date 1974-06-13 English

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p. 843
In the Matter of the Claim of Thad Marciniak, Respondent, v. Berlitz School of Languages et al., Appellants. Workmen’s Compensation Board, Respondent.
Submitted May 6, 1974;
decided June 13, 1974.

Headnote

Reported below, 43 A D 2d 509 .
Isadore Kupfer for motion.
Philip J. Caputo opposed.

Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution since it is not clear from the opinion of the Appellate Division that the board is precluded from all but ministerial action.

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