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MATTER OF NORTON v. NEW YORK STATE DEP'T OF PUB. WORKS

1 N.Y.2d 844 (1956)

In the Matter of the Claim of Guy Norton, Respondent, v. New York State Department of Public Works et al., Respondents. Workmen's Compensation Board, Respondent; Special Fund for Reopened Cases, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1956.

Attorney(s) appearing for the Case

John M. Cullen for appellant.

George J. Hayes, Bernard Katzen, William H. Stieglitz and Victor Fiddler for New York State Department of Public Works and another, respondents.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. Dissent: VAN VOORHIS, J.

Order of the Appellate Division reversed, with costs in the Court of Appeals and in the Appellate Division, and the matter remitted to the Workmen's Compensation Board for further consideration in accordance with the memorandum filed herewith: The claim herein does not come within the provisions of section 25-a of the Workmen's Compensation Law. The Workmen's Compensation Board, whenever satisfied that a change of condition has occurred, may, on its own motion, subject to...

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