MATTER OF LUBRANO v. NEW YORK STATE WORKERS' COMP. BD.


83 A.D.2d 841 (1981)

In the Matter of Louis Lubrano et al., Respondents, v. New York State Workers' Compensation Board, Appellant

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

August 3, 1981


Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed.

The assertion of jurisdiction by the Workers' Compensation Board over a matter that is subject to review by the Appellate Division, Third Judicial Department, renders exclusive jurisdiction in that court and interdicts recourse to a proceeding pursuant to CPLR article 78. Any alleged failure of procedural due process in the making of the administrative decision is a matter only...

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