What the panel ordered
Order granting reconsideration is vacated; applicant's Petition for Removal is dismissed as premature; matter returned to trial level for consideration of Petition as one to set aside.
Applicant sought removal after an order dismissing ADJ12359666; Board previously granted reconsideration to study the issues, now issues decision after reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The settlement document was ambiguous as to what applicant was dismissing, and discrepancies in service caused confusion; the matter is remanded for consideration of the petition to set aside the dismissal.
From the decision · page 9Accordingly, we vacate our November 28, 2022 Order granting applicant's petition for reconsideration, dismiss applicant's Petition as premature, and return this matter to the trial level for consideration of the Petition as one to set aside.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.