Pellac v. Atlantic Beach Club (61 A.D.2d 1146, 1978)

Motion to compel the Workmen’s Compensation Board to serve and file a brief on issues raised by appellants’ appeal from the decision filed March 7, 1973, and for alternative relief. Motion granted, without costs, to the extent that the appeal from the decision dated March 24, 1977, shall be heard on the brief and appendix filed and served on or about December 2, 1977, and upon the board’s original files in the cases listed in the full record list dated April 30, 1976. Respondent board’s time to file a brief is extended to 20 days from the date of this decision. In his brief the Attorney-General is requested to furnish the basis for the board’s action which conditioned approval of appellants’ application to the board for a shortened record on appellants’ consenting to limit the issues on the appeal from the decision dated March 7,1973, to a question of substantial evidence. Cross motion by respondent board to dismiss notice of appeal dated April 21, 1977, denied, without costs. Mahoney, P. J., Sweeney, Kane, Staley, Jr., and Larkin, JJ., concur.