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MTR. OF DEPT. OF MENTAL HYGIENE v. CONS. CONSTR. CO.

280 A.D. 652 (1952)

In the Matter of the Claim Made by Department of Mental Hygiene, on Behalf of Marie De Simone, Respondent, v. Consolidated Construction Company et al., Appellants Workmen's Compensation Board, Respondent

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

November 17, 1952.

Attorney(s) appearing for the Case

Morgan F. Bisselle and Warren C. Tucker for appellants.

Reisman, Cohen & Milberg for claimant-respondent.

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

FOSTER, P. J., BREWSTER and BERGAN, JJ., concur; HEFFERNAN, J., taking no part.

COON, J.

On October 15, 1947, Angelo De Simone was accidently killed in the course of his employment. He left him surviving a widow, one son under the age of eighteen, and several children over the age of eighteen. An award of death benefits was made to the widow and the one son who was under the age of eighteen, and the case closed. This award was paid.

One of the other children, Marie, was born September...

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