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MATTER OF FITZGERALD (DUSSING) v. TOWN OF PORTVILLE

278 A.D. 57 (1951)

In the Matter of Veronica Fitzgerald, as Administratrix of The Estate of Gerald J. Dussing, Deceased, Respondent, v. Town of Portville, Appellant

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

March 14, 1951.

Attorney(s) appearing for the Case

William H. Stieglitz, Bernard Katzen and Harry Schechter for appellant.

Edward M. Horey for respondent.

All concur. Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

PIPER, J.

The order appealed from awarded petitioner, since deceased, the sum of $1,500 "by reason of his permanent incapacity to perform his full duties as a volunteer fireman" pursuant to the provisions of paragraph b of subdivision Second of section 205 of the General Municipal Law and an additional $1,204 disability payments and $500 for medical and hospital expenses pursuant to subdivision Third of section 205 of that statute.

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