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McNALLY v. WORKERS' COMPENSATION BD.

102 CA 12-01341.

103 A.D.3d 1236 (2013)

960 N.Y.S.2d 281

2013 NY Slip Op 843

JOSEPH McNALLY, Appellant, v. WORKERS' COMPENSATION BOARD et al., Respondents, and UNINSURED EMPLOYERS FUND et al., Respondents. JOSEPH McNALLY et al., Plaintiffs, v. MISHLANIE CONSTRUCTION AND EXCAVATING, INC. et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

February 8, 2013.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered March 12, 2012. The order dismissed the petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated, leave to amend the petition to include a request to vacate the stipulation of discontinuance in the underlying action is granted, the request is granted and the stipulation of discontinuance is vacated...

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