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MATTER OF LOPEZ v. NEW YORK AUCTION SERV.

43 A.D.2d 606 (1973)

In the Matter of the Claim of Jose Lopez, Respondent, v. New York Auction Service et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 1, 1973

Whether or not there has been the closing of a case for the purposes of section 25-a of the Workmen's Compensation Law is a determination of fact, and thus if the board's decision is supported by substantial evidence, it cannot be disturbed (Matter of Scalesse v. Printing Adv. Corp., Enterprises Print. Division, 30 N.Y.2d 234). And as the Court of Appeals noted in Scalesse (p. 237) "the mere statement by a Referee that a case...

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