Appellate Division of the Supreme Court of the State of New York December 21, 2000 (Claim of Esposito v. Petruzzi)

Mercure, J. P.

(dissenting). We respectfully dissent. In our view, the Workers’ Compensation Board’s construction of the seemingly synonymous terms “party” and “party in interest” to include only the employer, its carrier, an appropriate special fund, the claimant or a legal representative of any of them (see, Minkowitz, Practice Commentaries, McKinney’s Cons Laws of NY, Book 64, Workers’