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MTR OF HOWARD v. STATURE INC.

No. 29.

20 N.Y.3d 522 (2013)

986 N.E.2d 911

964 N.Y.S.2d 77

2013 NY Slip Op 1866

In the Matter of DAVID W. HOWARD, Respondent, v. STATURE ELECTRIC, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided March 21, 2013.

Attorney(s) appearing for the Case

Susan B. Marris , Liverpool ( Michael Miliano of counsel), for appellants.

Christine Ann Scofield , Syracuse, for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur; Judge RIVERA taking no part.

OPINION OF THE COURT

PIGOTT, J.

The question presented on this appeal is whether claimant's Alford* plea should be given preclusive effect in a subsequent workers' compensation proceeding. Because it cannot be said that the guilty plea necessarily resolved the issue raised in the workers' compensation proceeding, preclusive effect should not be given.

In March 2003...

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