In the Matter of Claim of Weygant v. Kroll

Full title: In the Matter of the Claim of NORMAN WEYGANT, Appellant, v. WALTER KROLL…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 20, 2001

286 A.D.2d 818 (N.Y. App. Div. 2001)

730 N.Y.S.2d 262

Opinion

Decided and Entered: September 20, 2001.

Appeal from a decision of the Workers' Compensation Board, filed May 19, 2000, which ruled that the Workers' Compensation Law Judge properly exercised his discretion in directing depositions of medical witnesses.

Ouimette, Goldstein Andrews (Louis M. Dauerer of counsel), Poughkeepsie, for appellant.

Eliot Spitzer, Attorney-General (Howard B. Friedland of counsel), New York City, for Workers' Compensation Board, respondent.

Before: Cardona, P.J., Mercure, Spain, Carpinello and Rose, JJ.

Carpinello, J.

Here, as in Matter of Bathrick v. New York State Dept. of Transp. ( 278 A.D.2d 704), the appeal has been rendered moot as a result of the rescission by the full Workers' Compensation Board of the Board panel decision on appeal and we find no exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707).

ORDERED that the appeal is dismissed, as moot, without costs.