WORKERS COMPENSATION BOARD OF STATE OF NEW YORK PLAINTIFF RESPONDENT v. OLD LAMSON STATION INC DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

WORKERS' COMPENSATION BOARD OF STATE OF NEW YORK, PLAINTIFF–RESPONDENT, v. OLD LAMSON STATION, INC., DEFENDANT–APPELLANT.

CA 16–00548

Decided: February 03, 2017

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (FREDERICK A. BRODIE OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Defendant appeals from an order that denied its motion to vacate a judgment against it that was entered by plaintiff pursuant to Workers' Compensation Law § 26. The record establishes that, pursuant to its authority under section 26, plaintiff unilaterally vacated the challenged judgment prior to Supreme Court's denial of defendant's motion. We therefore conclude that the appeal is moot inasmuch as defendant “is no longer aggrieved by the [judgment]” (Matter of McGrath, 245 A.D.2d 1081, 1082), and defendant failed to establish that this case falls within the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).

Frances E. Cafarell

Clerk of the Court

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