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MATTER OF KAZIA v. WOODCREST CONSTR. CO.

282 A.D. 580 (1953)

In the Matter of the Claim of Antonio Kazia, Respondent, v. Woodcrest Construction Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

November 12, 1953.

Attorney(s) appearing for the Case

Bernard Katzen, General Attorney, State Insurance Fund (Victor Fiddler and George J. Hayes of counsel), for appellants.

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

Louis Block for claimant-respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

The question here presented is whether the claim is barred by section 67 of article 4-A of the Workmen's Compensation Law (L. 1936, ch. 887, as amd. by L. 1940, ch. 548), as it read prior to its repeal by chapter 431 of the Laws of 1947. Section 67 provided: "An employer shall be liable for the payments prescribed by this article for silicosis or other dust disease when disability of an employee resulting...

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