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MATTER OF DELL' AQUILA v. CHAPMAN

277 A.D. 54 (1950)

In the Matter of Joseph Dell'Aquila, Appellant, v. Alger B. Chapman, as Commissioner of Taxation and Finance, et al., Respondents

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

June 6, 1950.

Attorney(s) appearing for the Case

Anthony J. Dell'Aquila for appellant.

Irving I. Waxman of counsel (Wendell P. Brown, Solicitor-General, with him on the brief; Nathaniel L. Goldstein, Attorney-General, attorney), for respondents.

CALLAHAN and VAN VOORHIS, JJ., concur with SHIENTAG, J.; DORE, J., dissents, and votes to reverse in opinion in which PECK, P. J., concurs.

SHIENTAG, J.

Petitioner, claiming to be next of kin of a deceased veteran, Alfred John Dell'Aquila, brought this proceeding for an order under article 78 of the Civil Practice Act directing the Veterans' Bonus Bureau of the Department of Taxation and Finance to pay him a bonus allegedly payable on the death of his son Alfred John Dell'Aquila. Petitioner's rights, if any, stem from chapter 547 of the Laws of 1947...

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