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MATTER OF CHABALA v. COUNTY OF WESTCHESTER

284 A.D. 341 (1954)

In the Matter of the Claim of Dagney E. Chabala, Respondent, v. County of Westchester et al., Appellants. Workmen's Compensation Board, Respondent

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

July 8, 1954.

Attorney(s) appearing for the Case

Anthony J. Caputo for Interboro Mutual Indemnity Insurance Company, appellant.

Harry G. Herman, County Attorney (Ogden C. Noel of counsel), for County of Westchester and another, appellants.

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

Paul L. Bleakley for claimant-respondent.

FOSTER, P. J., BERGAN, HALPERN and IMRIE, JJ., concur; COON, J., not voting.

Per Curiam.

Claimant's husband was a Westchester County policeman and was fatally injured October 3, 1948, when he was thrown from a motorcycle on Bronx River Parkway. An award has been made to claimant by the Workmen's Compensation Board, which, if valid, would be payable notwithstanding claimant is also entitled to benefits under the New York State Retirement System. The amount payable in retirement benefits is in...

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