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

2 N.Y.2d 446 (1957)

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.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Abraham Markhoff for appellant.

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

DESMOND, FULD, VAN VOORHIS and BURKE, JJ., concur with DYE, J.; FROESSEL, J., dissents in an opinion in which CONWAY, Ch. J., concurs.

DYE, J.

When this claim for death benefits came on for a hearing before the Workmen's Compensation Board, the single question considered was stipulated, viz., "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 3, group 16, of the Workmen's Compensation Law?"

The question arose when the State Insurance Fund controverted a claim for...

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