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MATTER OF PERRY v. TOWN OF CHERRY VALLEY

307 N.Y. 427 (1954)

In the Matter of the Claim of Alma Perry, Respondent, v. Town of Cherry Valley et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

A. E. Gold and Sterling P. Harrington for appellant.

Chester J. Winslow, Jr., for claimant-respondent.

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

LEWIS, Ch. J., CONWAY, DESMOND, FULD and FROESSEL, JJ., concur with DYE, J.; VAN VOORHIS, J., dissents in opinion.

DYE, J.

The workmen's compensation committee of the Board of Supervisors of the County of Otsego appeal to this court by our permission in order to test the propriety of an award of compensation benefits to the widow of Earl Perry, deceased, formerly superintendent of highways of the Town of Cherry Valley.

According to the affirmed findings of fact, the decedent sustained accidental injuries resulting from his employment...

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