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MATTER OF PUCCIO v. ABSOLUTE CHIMNEY & HOME IMPROVEMENT, LLC

535748, 533778, 536208 CV-22-2049.

222 A.D.3d 1060 (2023)

200 N.Y.S.3d 541

2023 NY Slip Op 06288

In the Matter of the Claim of Anthony Puccio, Appellant, v. Absolute Chimney & Home Improvement, LLC, et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

Law Firm of Alex Dell, PLLC, Albany ( Alex C. Dell of counsel), for appellant.

David F. Wertheim , State Insurance Fund, Albany ( Kelly A. O'Neill of counsel), for Absolute Chimney & Home Improvement, LLC and another, respondents.

Letitia James , Attorney General, New York City ( Nina M. Sas of counsel), for Workers' Compensation Board, respondent.

Pritzker, Reynolds Fitzgerald and Mackey, JJ., concur; Ceresia, J., not taking part.

Appeals (1) from a decision of the Workers' Compensation Board, filed July 20, 2021, which ruled that an employer-employee relationship did not exist between claimant and Absolute Chimney & Home Improvement, LLC and disallowed claimant's claim for workers' compensation benefits, (2) from a decision of said Board, filed June 29, 2022...

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