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MATTER OF WEYZK v. TOWN OF STAFFORD

7 N.Y.2d 121 (1959)

In the Matter of the Claim of Carl Weyzk, Also Known as Carl Stephens, Claimant-Respondent, v. Town of Stafford et al., Respondents, and Special Fund for Reopened Cases under Section 25-a, Appellant. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

John M. Cullen for appellant.

Paul D. Williams and Kurt Weissheimer for Town of Stafford and others, respondents.

Chief Judge CONWAY and Judges DESMOND, FULD and VAN VOORHIS concur with Judge BURKE; Judges DYE and FROESSEL dissent and vote to affirm.

BURKE, J.

The Special Fund for Reopened Cases takes issue with the method followed by the Appellate Division in determining the disability rate appropriate to the claim for compensation filed by the respondent, and the manner in which the adopted rate was applied against a lump sum settlement of the claim, on the ground that the procedure used is in conflict with the provisions of subdivision 7 of section 25-a...

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