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MATTER OF PIEKUT v. FLEISCHER, INC.

276 A.D. 702 (1950)

In the Matter of the Claim of Frank Piekut, Respondent, v. Philip Fleischer, Inc. et al., Appellants Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.

Attorney(s) appearing for the Case

Anthony J. Caputo for appellants.

B. J. O'Rourke for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Theodore M. Schwartz of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., BREWSTER and COON, JJ., concur with BERGAN, J.; HEFFERNAN, J., dissents, in a memorandum.

BERGAN, J.

We are met, first of all, with a contention by the Workmen's Compensation Board that its decision is interlocutory and not appealable. The effect of appeals from intermediate decisions of the board has been considered several times and in several aspects, but there remains some open and debatable ground and this case is on that ground.

The Referee after a hearing dismissed the claim. On a review...

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