Appellate Division, Third Department · September 10, 2026 · 2026 NY Slip Op 05246
Matter of Parkinson v Manhattan & Bronx Surface Tr. Operating Auth.
Read the official decision: 2026 NY Slip Op 05246
Holding The appeal is dismissed as moot because the Workers’ Compensation Board issued a new decision that amended and superseded the decision on appeal. The merits of the new decision are not reviewable in this appeal because it is not substantially similar to the one appealed.
The court’s words
The issuance of the March 2026 amended decision rendered this appeal moot
2026 NY Slip Op 05246, at the official text
the March 2026 decision "is not substantially similar to the one on appeal and, indeed," establishes the claim under a different legal analysis
2026 NY Slip Op 05246, at the official text
Contrary to the employer's contention, the merits of the March 2026 decision are not reviewable in this appeal
2026 NY Slip Op 05246, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 10, 2026 |
| Citation | 2026 NY Slip Op 05246 |
| Area of law | Workers’ Compensation and Unemployment |
| Week | Week ending September 12, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05246 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 304 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Parkinson v Manhattan & Bronx Surface Tr. Operating Auth., 2026 NY Slip Op 05246 (Appellate Division, Third Department, September 10, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05246/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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