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MATTER OF COMM'R OF TAXATION & FIN. v. VICTORY MEM'L HOSP.

4 A.D.2d 895 (1957)

In the Matter of the Claim of The Commissioner of Taxation and Finance, Respondent, v. Victory Memorial Hospital et al., Appellants. Workmen's Compensation Board, Respondent

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

October 19, 1957

Decedent has left no dependents and the State Commissioner of Taxation and Finance is, therefore, the main claimant. He was employed as a porter in a hospital and his working hours were from 7:30 A.M. to 4:30 P.M., and a room on the hospital premises was furnished him by his employer. On the night of August 22, 1954, while off duty, he went out with a fellow worker. They were drinking together and returned to the hospital premises at three o'clock in the morning. The undisputed...

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