Appellate Division of the Supreme Court of the State of New York November 1, 1972 (Claim of Leon v. General Motors Corp.)

Appeal from a decision of the Workmen’s Compensation Board, dated June 14, 1971, which denied an application for reconsideration of an earlier board decision dated April 16, 1971 making an award. Such a reconsideration lies in the discretion of the board and is not reviewable unless the depial thereof is arbitrary and capricious (Matter of Cappellano v. Harry M. Stevens, Inc., 35 A D 2d 861).