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MATTER OF STIMBURIS v. LEVITON MFG. CO.

5 A.D.2d 209 (1958)

In the Matter of the Claim of Felicia Stimburis, Respondent, v. Leviton Mfg. Co. et al., Appellants, and Special Fund for Reopened Cases et al., Respondents. Workmen's Compensation Board, Respondent

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

March 5, 1958.

Attorney(s) appearing for the Case

Charles G. Tierney, George J. Hayes and Victor Fiddler for appellants.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky and Roy Wiedersum of counsel), for the Workmen's Compensation Board, respondent.

John M. Cullen for Special Fund for Reopened Cases, respondent.

William Doblin for claimant-respondent.

BERGAN, COON and GIBSON, JJ., concur.

FOSTER, P. J.

This is an appeal from a compensation award against an employer and insurance carrier in the sum of $7,500, for total disability due to silicosis, under the provisions of former article 4-A of the Workmen's Compensation Law. The issue is whether the claim is barred by the limitations contained in sections 25-a and 123 of the statute. The board held that section 25-a did not apply.

It is undisputed...

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