# Claim of Brown v. O'Brien

> Appellate Division of the Supreme Court of the State of New York · May 15, 1929 · 226 A.D. 828

URL: https://www.frixlaw.com/law-library/cases/5307365

## Case

- **Full name:** In the Matter of the Claim of John Brown, against James W. O'Brien & Sons, Inc., and Another, Appellants State Industrial Board
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 15, 1929
- **Citations:** 226 A.D. 828
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5307365

## Opinion text

Per Curiam.
The Board made an award to the claimant March 25, 1927. This was corrected by a new award on May 20, 1927. The employer and the carriel appealed from both awards. Subsequently the matter was returned to the calendar and a decision was made † as follows: “ Confirm previous award and continued. Referred to Attorney-General to prepare for appeal.” It appears that some new evidence was taken. It does not appear whether the testimony was taken on the question of reopening the award or on the merits. No new findings or award have been made, filed or served. The old award stands. If the Board has opened the previous award and made a new determination on the taking of additional testimony, it should make new findings and a new award, so that the parties may all be informed of their rights. The motion to dismiss appeal should be denied. Van Kirk, P. J., Hinman, Davis, Hill and Hasbrouck, JJ., concur. Motion denied.
Motion papers state December 6, 1928.— [Rep.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5307365. Public record. Not legal advice.