Matter of Van Horn v County of Cayuga

Matter of Van Horn v County of Cayuga 2007 NY Slip Op 05137 [8 NY3d 1015] June 12, 2007 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 1, 2007

[*1] In the Matter of the Claim of Gerald Van Horn, Respondent,
v
County of Cayuga et al., Appellants. Workers' Compensation Board, Respondent.

Decided June 12, 2007

Matter of Van Horn v County of Cayuga, 34 AD3d 901, reversed.

APPEARANCES OF COUNSEL

Susan B. Marris, Liverpool, James S. Fiedler and Gregory J. Allen for appellants.

Andrew Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan, Barbara D. Underwood and Andrea Oser of counsel), for Workers' Compensation Board, respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, Third Department, with directions to remand to the Workers' Compensation Board for further proceedings consonant with this Court's decision in Matter of LaCroix v Syracuse Exec. Air Serv., Inc. (8 NY3d 348 [2007]).

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.