Matter of Matthews v New York City Tr. Auth., 2024 NYSlipOp 01753 [225 AD3d 1109]

March 28, 2024

Appellate Division, Third Department

[*1]

In the Matter of the Claim of Sheldon Matthews, Appellant,

v

New York City Transit Authority, Respondent. Workers’ Compensation Board, Respondent.

Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ordered that the motion for reargument is granted, without costs, the memorandum and order decided and entered July 20, 2023 (218 AD3d 983 [2023]) is vacated, and the following memorandum and order (225 AD3d 1109 [2024]) is substituted therefor, and it is further ordered that the motion for permission to appeal to the Court of Appeals is denied, without costs.

Clark, J.P., Pritzker, Lynch, Reynolds Fitzgerald and Fisher, JJ., concur..