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
| Court | Appellate Division, Third Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06043 |
| Area of law | Workers’ Compensation and Unemployment |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06043 |
| 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 | 1247 |
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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