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Appellate Division, Third Department · October 15, 2026 · 2026 NY Slip Op 06043

Matter of Buscemi v Prime Care Coordination

Read the official decision: 2026 NY Slip Op 06043

Holding The Board properly denied the claimant’s application for reopening or rehearing because the proffered medical letter was not accompanied by a required sworn supporting affidavit. Additionally, the Board properly denied the application for reconsideration as the claimant failed to demonstrate newly discovered evidence or a material change in condition.

The court’s words

the Board retains jurisdiction to reopen or rehear a claim at the request of any party in interest

2026 NY Slip Op 06043, at the official text

an application based upon allegations of newly discovered evidence must be substantiated by supporting affidavits

2026 NY Slip Op 06043, at the official text

we discern no abuse of discretion in the Board's rejection of the unsworn letter

2026 NY Slip Op 06043, at the official text
CourtAppellate Division, Third Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 06043
Area of lawWorkers’ Compensation and Unemployment
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 06043
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1247

Recommended citation

ESQ HQ, New York Law Watch, Matter of Buscemi v Prime Care Coordination, 2026 NY Slip Op 06043 (Appellate Division, Third Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06043/

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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Published October 15, 2026. Updated October 15, 2026.