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MATTER OF COMR. OF TAXATION v. OCEANIC SERV. CORP.

276 A.D. 725 (1950)

In the Matter of the Claim of The Commissioner of Taxation and Finance on Account of the Death of Patrick J. Breen, Respondent, v. Oceanic Service Corp. et al., Appellants Workmen's Compensation Board, Respondent

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

May 12, 1950.

Attorney(s) appearing for the Case

Joseph J. Brophy for appellants.

John M. Cullen, Attorney for Special Funds, respondent.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., HEFFERNAN, DEYO, BERGAN and COON, JJ., concur.

Per Curiam.

The employer is a "protective agency". Patrick J. Breen was employed as a guard. The agency protected ships docked in New York. On the night of March 14, 1947, Breen reported for duty at Pier 80, North River.

The Pachita Peru was at dock. Breen was to act on "gangway patrol". He reported to the fellow guard he was to relieve that night. He was not seen again alive.

On April 21st his...

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