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MATTER OF MUELLER v. CO. OF WESTCHESTER

9 A.D.2d 312 (1959)

In the Matter of the Claim of Frank J. Mueller, Respondent, v. County of Westchester et al., Appellants. Workmen's Compensation Board, Respondent

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

December 10, 1959.

Attorney(s) appearing for the Case

Harry G. Herman, County Attorney, for County of Westchester, appellant.

Clark, Fox & La Guardia (Anthony J. Caputo of counsel), for Interboro Mutual Indemnity Insurance Company, appellant.

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

George Kelly for claimant-respondent.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

FOSTER, P. J.

The County of Westchester and its insurance carrier appeal from an award of compensation on the ground that claimant, a police officer of the Westchester County Parkway Police, was not within the coverage of the Workmen's Compensation Law or of the insurance policy in force at the time of his accident.

On December 30, 1951, while in the performance of his duties, claimant sustained accidental...

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