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Moreno v. Licea

State of New York Supreme Court, Appellate Division Third Judicial Department


June 24, 2010

IN THE MATTER OF THE CLAIM OF JORGE MORENO, APPELLANT,
v.
LUIS LICEA, RESPONDENT, AND 2180 REALTY CORPORATION ET AL., RESPONDENTS, AND ROCHDALE INSURANCE COMPANY, APPELLANT. WORKERS' COMPENSATION BOARD, RESPONDENT.

The opinion of the court was delivered by: Egan Jr., J.

MEMORANDUM AND ORDER

Calendar Date: June 2, 2010

Before: Rose, J.P., Lahtinen, Stein, Garry and Egan Jr., JJ.

Appeals (1) from a decision of the Workers' Compensation Board, filed April 6, 2009, which, among other things, ruled that an employer-employee relationship existed between claimant and 2180 Realty Corporation, and (2) from a decision of said Board, filed October 16, 2009, which denied claimant's request for reconsideration or full Board review.

The current case arises from the same workplace accident as in Matter of Perez v Licea (___ AD3d ___ [decided herewith]) and involves the identical issues.*fn1 For the reasons set forth in Perez, along with the fact that in this case Joseph Edelman acknowledges discussing work performance with claimant, we affirm.

Rose, J.P., Lahtinen, Stein and Garry, JJ., concur.

ORDERED that the decisions are affirmed, without costs.


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