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MATTER OF NORTON v. N. Y. STATE DEPT. OF PUB. WORKS

286 A.D. 476 (1955)

In the Matter of the Claim of Guy Norton, Respondent, v. New York State Department of Public Works et al., Appellants. Workmen's Compensation Board, Respondent

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

October 6, 1955.

Attorney(s) appearing for the Case

George J. Hayes, Bernard Katzen, William H. Stieglitz and Victor Fiddler for appellants.

Jacob K. Javits, Attorney-General (Harry Pastor and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

BERGAN, COON and HALPERN, JJ., concur with ZELLER, J.; FOSTER, P. J., dissents, in a memorandum.

ZELLER, J.

The right of claimant to an award of disability compensation in his reopened case is not disputed on this appeal. The sole issue is whether the award should be paid by appellants, the employer and State Insurance Fund as insurance carrier, or by the Special Fund for Reopened Cases. Subdivision 1 of section 25-a of the Workmen's Compensation Law provides, in part, that "when an application for compensation...

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