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In the Matter of the Claim of ANNE MICHALKO, Appellant, v. CITY OF NEW YORK, Respondent. WORKMEN'S COMPENSATION BOARD, Respondent.

Appeal from a decision of the Workmen's Compensation Board, filed November 7, 1968, which referred the case to an impartial opthalmologist on the questions of causal relation and disability. The decision of the board did not determine the merits of the claim. Therefore, it is a nonfinal decision and not appealable ( Matter of Dunham v. Pettibone-Milliken Corp., 36 A.D.2d 866). Appellant's co-operation with the board's decision should be viewed by her as acting in her own best interest. Appeal dismissed, without costs. Herlihy, P.J., Greenblott, Simons, Kane and Reynolds, JJ., concur.

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MATTER OF MICHALKO v. CITY OF NEW YORK
(Jun 14, 1972)