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MATTER OF ELLING v. ONTARIO CO. SHERIFF'S DEPT.

286 A.D. 628 (1955)

In the Matter of the Claim of Margaret Elling, Respondent, v. Ontario County Sheriff's Department, Respondent, and Special Disability Fund, Appellant. Workmen's Compensation Board, Respondent

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

November 16, 1955.

Attorney(s) appearing for the Case

John M. Cullen for appellant.

Ellsworth Van Graafeiland for Ontario County Sheriff's Department, respondent.

Carrolton A. Roberts for claimant-respondent.

Jacob K. Javits, Attorney-General, for Workmen's Compensation Board, respondent.

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

COON, J.

The only question presented by this appeal is whether a self-insured employer is entitled to reimbursement from the Special Fund for payments beyond 104 weeks, awarded to an elected — (as distinguished from a privately employed) — employee.

Decedent was first elected Sheriff of Ontario County in 1936. While in that office he suffered a serious automobile accident in 1940, which resulted...

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