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MTR. OF TOOMEY v. N. Y. S. LEGISLATURE

1 A.D.2d 41 (1955)

In the Matter of the Claim of Rosalyn W. Toomey, Appellant, v. New York State Legislature (Assembly) et al., Respondents. Workmen's Compensation Board, Respondent

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

December 23, 1955.

Attorney(s) appearing for the Case

Abraham Markhoff for appellant.

George J. Hayes, Bernard Katzen, William H. Stieglitz and Victor Fiddler for New York State Legislature (Assembly) and another, respondents.

Jacob K. Javits, Attorney-General, for Workmen's Compensation Board, respondent.

FOSTER, P. J., BERGAN, HALPERN and ZELLER, JJ., concur.

COON, J.

A duly elected Assemblyman died of a heart attack in a hotel in Albany. His widow filed a claim for compensation under the Workmen's Compensation Law. Before passing on the other questions which might be involved, the compensation Referee has certified, under rule 12 of the Workmen's Compensation Board, as a novel question: "Is a duly elected Assemblyman of the State of New York in the employ of the State of New York within the meaning of Section...

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