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MATTER OF MALONE v. PAVING

2 N.Y.3d 756 (2004)

811 N.E.2d 34

778 N.Y.S.2d 772

In the Matter of DALE MALONE, Claimant, v. BOB BERNHARDT PAVING et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided April 6, 2004.

Attorney(s) appearing for the Case

Levene Gouldin & Thompson, LLP, Binghamton (Jason M. Carlton of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Patrick J. Walsh of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The Appellate Division properly upheld the Workers' Compensation Board's imposition of a penalty under Workers' Compensation Law § 25 (3) (f) against the carrier for failure to pay the award within 10 days. The penalty award is consistent with the purpose of the statute "in favor of prompt payment of workers' compensation benefits to injured employees...

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