MATTER OF MILLER v. McGOVERN


285 A.D. 989 (1955)

In the Matter of Irene C. Miller, Petitioner, v. J. Raymond McGovern, as Comptroller of The State of New York, Respondent

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

March 16, 1955.


It was argued on the understanding that the determination rested "to a substantial degree, if not entirely upon" a report and opinion of the medical board of the Retirement System that the death of petitioner's husband was not the result of an accident within the meaning of section 81, which report was not in the record. This court annulled the determination and remitted the claim to the Comptroller for further proceedings. (Matter of Miller v. McGovern, 283 App. Div...

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