Opinion
September 29, 1970
Appeal by the employer and its insurance carrier from an alleged decision of the Workmen's Compensation Board, filed November 13, 1969. On April 24, 1969 the Workmen's Compensation Board filed its decision herein reversing a prior decision of the Referee and finding that claimant's disability began within four weeks of termination of employment and that claimant was entitled to disability benefits. (Workmen's Compensation Law, § 203.) On November 13, 1969 the Referee made a disability benefit award in accordance with the board's decision. On November 21, 1969 a notice of appeal from the Referee's award was filed. A direct appeal from a Referee's award of benefits is specifically proscribed by section 23 Work. Comp. of the Workmen's Compensation Law and, accordingly, it must be dismissed. ( Matter of Zambrona v. Renell Bake Shop, 34 A.D.2d 707; Matter of Shadorsky v. Longwood Parlor Furniture Corp., 33 A.D.2d 932.) Appeal from Referee's decision dismissed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.