Matter of Birro v Wolkow-Braker Roofing Corp., 2024 NY Slip Op 02110 [226 AD3d 1227]

April 18, 2024

Appellate Division, Third Department

[*1]

In the Matter of the Claim of Joseph Birro Jr., Appellant,

v

Wolkow-Braker Roofing Corp. et al., Respondents. Workers’ Compensation Board, Respondent.

Motion for reargument.

Upon the papers filed in support of the motion and the papers filed in response and in opposition thereto, it is ordered that the motion is granted, without costs, the memorandum and order decided and entered November 16, 2023 (221 AD3d 1221 [2023]) is vacated, and the following memorandum and order (226 AD3d 1228 [2024]) is substituted therefor.

Clark, J.P., Aarons, Reynolds Fitzgerald, Fisher and McShan, JJ., concur..