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MATTER OF CRUZ

49 A.D.2d 978 (1975)

In the Matter of the Claim of Agapito Cruz, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

October 30, 1975

The board's original decision of June 21, 1974 was appealed and, by decision dated December 6, 1974 (Matter of Cruz [Levine], 48 A.D.2d 1010), this court granted a motion to dismiss that appeal. Claimant now seeks to reopen and review the prior decision of the board. Such an application is addressed to the discretion of the board (Matter of Dixon [Levine], 41 A.D.2d 868). No new evidence was submitted on the application to...

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