IN RE: the Claim of JOSEPH BIRRO JR. (2024)

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

IN RE: the Claim of JOSEPH BIRRO JR., Appellant, v. WOLKOW-BRAKER ROOFING CORP. et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

535730

Decided: April 18, 2024

DECISION AND ORDER ON MOTION

Motion for reargument.

Upon the papers filed in support of the motion

the papers filed in response

in opposition thereto, it is

ORDERED that the motion is granted, without costs, the memor

order decided

entered November 16, 2023 (221 AD3d 1221 [2023] ) is vacated,

the following memor

order is substituted therefor.

Clark, J.P., Aarons, Reynolds Fitzgerald, Fisher

McShan, JJ., concur.

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