MATTER OF ODELL v. McGOVERN


283 A.D. 585 (1954)

In the Matter of Natalia Odell, Petitioner, v. J. Raymond McGovern, as Comptroller of The State of New York, Respondent

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

April 2, 1954.


Attorney(s) appearing for the Case

Augustus W. Bennet for petitioner.

Nathaniel L. Goldstein, Attorney-General (George H. Rothlauf and Wendell P. Brown of counsel), for respondent.

BERGAN, COON, HALPERN and IMRIE, JJ., concur.


FOSTER, P. J.

This is a proceeding under article 78 of the Civil Practice Act. We are asked to reverse a determination of the State Comptroller that the death of petitioner's husband was not, within the meaning of section 81 of the Civil Service Law, the result of an accident sustained by him while he was engaged in the performance of the duties of an assistant attorney-general.

Decedent died at the age...

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