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MATTER OF KAPLAN v. WIRTH & BIRNBAUM

276 A.D. 49 (1949)

In the Matter of the Claim of Max Kaplan, Respondent, v. Wirth & Birnbaum et al., Respondents, and Fund for Reopened Cases, Appellant Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.

Attorney(s) appearing for the Case

John M. Cullen, attorney for Special Fund for Reopened Cases, appellant.

Abraham Markhoff for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

HEFFERNAN and SANTRY, JJ., concur with BERGAN, J.; FOSTER, P. J., dissents, in an opinion, in which DEYO, J., concurs.

BERGAN, J.

Claimant alleges he was injured in the course of his employment on October 22, 1934. He filed a claim for workmen's compensation December 4, 1934. Hearings were thereafter conducted; on June 6, 1935, the claim was disallowed by the Referee, the case was closed, and this became the decision of the former State Industrial Board, dated June 8, 1935. No appeal was taken from this decision.

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