RICE v. NEW YORK STATE WORKERS' COMPENSATION BD.

1115 CA 20-00128.

192 A.D.3d 1605 (2021)

140 N.Y.S.3d 857

2021 NY Slip Op 01669

David P. Rice, Sr., et al., Respondents, v. New York State Workers' Compensation Board, Appellant.

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

Decided March 19, 2021.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-APPELLANT.

PHILLIPS LYTLE LLP, BUFFALO ( CRAIG R. BUCKI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Centra, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the order and judgment insofar as appealed from is unanimously reversed on the law without costs, plaintiffs' cross motion is denied in its entirety, defendant's cross motion is granted, and the complaint is dismissed.

Memorandum: Plaintiffs are former members of a group self-insurance trust created to satisfy their legal obligation to secure the payment of workers' compensation benefits to their injured employees (see Workers' Compensation...

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