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MTR. OF MLODOZENIEC v. WORTHINGTON CORP.

9 A.D.2d 21 (1959)

In the Matter of the Claim of Thomas Mlodozeniec, Respondent, v. Worthington Corporation 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

John M. Cullen for Special Disability Fund, appellant.

Benedict T. Mangano for Worthington Corporation, appellant.

Tiernan & Borowiec for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

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

GIBSON, J.

The appeal is from an award of compensation in a silicosis case and presents the question whether the amendment to section 44-a of the Workmen's Compensation Law by chapter 938 of the Laws of 1957, effective July 1, 1957, applies to this case, which was open and pending on that date, disablement having occurred August 1, 1953. Prior to the 1957 amendment, section 44-a in pertinent part provided: "The...

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