IN THE MATTER OF WHITEMAN v. RICHMOR AVIATION, INC.
v.
RICHMOR AVIATION, INC., ET AL., Respondents.
WORKERS' COMPENSATION BOARD, Respondent.
Appellate Division of the Supreme Court of New York, Third Department.
Buckley, Mendleson, Criscione & Quinn, P.C., Albany (James E. Buckley of counsel), for appellant.
Stockton, Barker & Mead, L.L.P., Albany (Leith Carole Ramsey of counsel), for Richmor Aviation, Inc. and another, respondents.
Before: Peters, J.P., Lahtinen, Malone Jr., Stein and Garry, JJ.
MEMORANDUM AND ORDER
LAHTINEN, J.
The current case arises from the same aircraft accident as in Matter of Hiser v Richmor Aviation, Inc. (___ AD3d ___ [decided herewith]) and involves the identical issue. For the reasons set forth in Hiser, we reverse and remit to the Workers' Compensation Board for further proceedings.
Peters, J.P., Malone Jr., Stein and Garry, JJ., concur.
ORDERED that the decision is reversed, without costs, and matter remitted to the Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.
