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MATTER OF SMITH v. CITY OF ROCHESTER

285 A.D. 46 (1954)

In the Matter of the Claim of Fred Smith, Respondent, v. City of Rochester, Appellant Workmen's Compensation Board, Respondent

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

November 24, 1954.

Attorney(s) appearing for the Case

Honora A. Miller, Corporation Counsel (Samuel J. Danno of counsel), for appellant.

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

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.

BERGAN, J.

Claimant worked as a laborer for the City of Rochester, a self-insured employer. On November 29, 1951, while raking leaves in a city park he fell and was injured. The city duly filed a report of the injury and the employee filed a claim for compensation. The city neither paid any compensation nor did it file a notice that it controverted the claim on the C-7 report used for that purpose.

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