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IN THE MATTER OF THE CLAIM OF FABIANO v. SEARS

27 A.D.3d 884 (2006)

810 N.Y.S.2d 542

In the Matter of the Claim of ROSEMARIE FABIANO, Respondent, v. SEARS, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

March 9, 2006.

After the employer perfected this appeal, the Board filed an amended decision which effectively rescinded its prior determination regarding the resumption of awards and returned the case to the trial calendar to determine compensation awards subsequent to the date of claimant's retirement. Thus, this appeal has been rendered moot (see Matter of Bathrick v New York State Dept. of Transp., 278 A.D.2d 704, 705 [2000]; Matter of Schultz...

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