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MATTER OF COMR. OF TAXATION v. BRONX HOSP.

276 A.D. 708 (1950)

In the Matter of the Claim of Commissioner of Taxation and Finance, on Account of the Death of Philip Callahan, et al., Respondents, v. Bronx Hospital et al., Appellants. Workmen's Compensation Board, Respondent

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

May 3, 1950.

Attorney(s) appearing for the Case

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

Bernard Katzen (Victor Fiddler, George J. Hayes on the brief), for State Insurance Fund and another, appellants.

FOSTER, P. J., BERGAN and COON, JJ., concur; BREWSTER, J., concurs in the result.

HEFFERNAN, J.

The employer and its insurance carrier have appealed from an award of death benefits to various special funds in the sum of $2,000 pursuant to the provisions of subdivision 9 of section 15 and section 25-a of the Workmen's Compensation Law by virtue of the fact that decedent was not survived by any person entitled to compensation. A further award in the sum of $200 for funeral expenses was made to...

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