MATTER OF LEGGIO v. SUFFOLK COUNTY POLICE DEPARTMENT


96 N.Y.2d 846 (2001)

754 N.E.2d 766

729 N.Y.S.2d 664

In the Matter of ANNE LEGGIO, Respondent, v. SUFFOLK COUNTY POLICE DEPARTMENT, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided June 14, 2001.


Attorney(s) appearing for the Case

Cherry, Edson & Kelly, Hempstead (Richard Guttentag of counsel), for appellant.

Scheine, Fusco, Brandenstein & Rada, P. C., Woodbury (Richard J. Brandenstein of counsel), for Anne Leggio, respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The decision of the Workers' Compensation Board awarding benefits and the order of the Appellate Division brought up for review should be reversed, with costs, and the matter remitted to the Appellate Division for consideration of issues raised but not determined on the appeal to that court.

Claimant, a former 911 operator, filed a claim for workers' compensation benefits...

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