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MATTER OF KAYE v. DONLON

281 A.D. 617 (1953)

In the Matter of B. Bernard Kaye, Petitioner, v. Mary Donlon, as Chairman of The Workmen's Compensation Board of the State of New York, Respondent

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

May 12, 1953.

Attorney(s) appearing for the Case

Menahem Stim of counsel (Allen S. Stim with him on the brief; Menahem Stim, attorney), for petitioner.

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

GLENNON, DORE and VAN VOORHIS, JJ., concur; PECK, P. J., and BERGAN, J., dissent and vote to confirm.

Per Curiam.

In Matter of Stein v. Corsi (269 App. Div. 733, affd. 295 N.Y. 696) on facts at least as strong as those in this record, this court annulled the determination of the Industrial Commissioner and the Court of Appeals affirmed.

The testimony of the petitioner's employer's only office employee, at the time, who was a disinterested witness, is uncontradicted that the payments indicated by the books...

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