MATTER OF DAVIS v. KINGSBURY


27 N.Y.2d 567 (1970)

In the Matter of Carroll K. Davis, Appellant, v. W. Kingsbury et al., Constituting the Medical Appeals Unit of the Workmen's Compensation Board of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 28, 1970.


Attorney(s) appearing for the Case

Henry Mark Holzer for appellant.

Louis J. Lefkowitz, Attorney-General (Amy Juviler and Samuel A. Hirshowitz of counsel), for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI and BERGAN concur in a memorandum; Judge BREITEL dissents and votes to reverse in an opinion in which Judges JASEN and GIBSON concur.


MEMORANDUM.

We affirm for the reasons stated in the opinion at the Appellate Division. As that court concluded, "the essential similarity of the proof offered on both hearings made the second a mere request for a rehearing." Accordingly, the denial of the petitioner's second application, in 1966, did not commence anew the four-month period within which review of the respondents' determination — originally rendered...

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