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MATTER OF FULLER-ASTARITA v. ABA TRANSP. HOLDING CO.

532903.

201 A.D.3d 1108 (2022)

161 N.Y.S.3d 468

2022 NY Slip Op 00098

In the Matter of Joanne Fuller-Astarita, Appellant, v. ABA Transportation Holding Company, Respondent. Workers' Compensation Board, Respondent.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo PC, New York City (Brian J. Shoot of counsel), for appellant.

Stewart, Greenblatt, Manning & Baez, Syosset (Thomas Lumpkin of counsel), for ABA Transportation Holding Company, respondent.

Letitia James, Attorney General, New York City (Marjorie S. Leff of counsel), for Workers' Compensation Board, respondent.

Lynch, Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.

The underlying facts are set forth in this Court's prior decision in this matter (176 A.D.3d 1530 [2019]). Briefly, Joanne Fuller-Astarita, a bus driver's assistant, was struck by a bus owned by her employer and sustained various injuries. Although Fuller-Astarita did not file a claim for workers' compensation benefits as a result of...

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