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MATTER OF BURCH v. HAWKINS

9 A.D.2d 6 (1959)

In the Matter of the Claim of Donald Burch, Respondent, v. Lynn A. Hawkins et al., Appellants. Workmen's Compensation Board, Respondent

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

August 13, 1959.

Attorney(s) appearing for the Case

Adams, Smith, Brown & Starrett (Percy R. Smith of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

John M. Cullen for Special Disability Fund, respondent.

BERGAN, J. P., COON, HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

An employer and his insurance carrier appeal from a decision of the Workmen's Compensation Board which relieved the respondent Special Disability Fund from liability, upon a finding that the carrier's claim for reimbursement from the Fund was not timely filed in accordance with paragraph (f) of subdivision 8 of section 15 of the Workmen's Compensation Law. This paragraph provides: "(f) Any award under...

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