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MATTER OF OWENS v. MCGOVERN

309 N.Y. 449 (1956)

In the Matter of Edith E. Owens, Appellant, v. J. Raymond McGovern, as Comptroller of The State of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1956

Attorney(s) appearing for the Case

John T. DeGraff and John J. Kelly, Jr., for appellant.

Jacob K. Javits, Attorney-General (George H. Rothlauf and James O. Moore, Jr., of counsel), for respondent.

CONWAY, Ch. J., concurs with DESMOND, J.; FULD, J., concurs for reversal in a separate opinion in which FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.

DESMOND, J.

The question of law is this: on the hearing of an application for accidental death benefits from the State Employees' Retirement System under section 81 of the Civil Service Law based on an allegation that death was caused by a heart attack due to strain and exertion in State employment, and where there is proof of such strain and exertion and of a fatal heart attack, may the State Comptroller deny...

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