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MATTER OF MEIT v. P. S. & M. CATERING CORP.

285 A.D. 506 (1955)

In the Matter of the Claim of Anna Meit, Respondent, v. P. S. & M. Catering Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

March 9, 1955.

Attorney(s) appearing for the Case

Bruce Bromley, Bernard F. Farley and Joseph W. Marlow for appellants.

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

James J. Regan for Self-Insurers Association, amicus curiæ.

George R. Fearon for Associated Industries of New York State, Inc., amicus curiæ.

Joseph D. Edwards and Ralph S. Stowell for Commerce & Industry Association of New York, Inc., amicus curiæ.

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

ZELLER, J.

Upon this appeal we are asked to determine whether the Workmen's Compensation Board has the power to adopt a rule which precludes the contesting of claims by employers and insurance carriers for failure to file notices of controversy. The challenged rule, adopted by the board in amended form effective April 8, 1954, reads as follows:

"Rule 21. Controverting Claims. "Notice...

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