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MATTER OF MISTOFSKY v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

504414

68 A.D.3d 1256 (2009)

2009 NY Slip Op 9097

890 N.Y.S.2d 176

In the Matter of WILLIAM MISTOFSKY, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 10, 2009.

Cardona, P.J.

Claimant began working for the employer in 1950 and, in the course of his duties, was exposed at various times to asbestos. In 1994, claimant was terminated from his employment for misconduct but his employment was reinstated as the result of an arbitrator's ruling. Thereafter, claimant testified that he stopped working for the employer in June 1996 due to breathing problems1 and began working for a different employer on...

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