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MATTER OF BORELLI v. ROCHESTER TR. CORP.

285 A.D. 230 (1954)

In the Matter of the Claim of Maria Borelli, Respondent, v. Rochester Transit Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

December 28, 1954.

Attorney(s) appearing for the Case

John M. Cullen for Special Fund for Reopened Cases, appellant.

Morgan F. Bisselle and Warren C. Tucker for Rochester Transit Corporation and another, appellants.

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

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

ZELLER, J.

On this appeal, arising from a workmen's compensation proceeding, we are asked to determine whether a letter — hereinafter quoted — constitutes a notice of claim and, if we give an affirmative answer, whether payments of death benefits shall be made by the Special Fund or by the insurance carrier.

While in the course of his employment on June 30, 1942, John Borelli sustained accidental...

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