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MATTER OF PADEN v. DIX HILLS FIRE DIST.

12 A.D.2d 202 (1961)

In the Matter of the Claim of Charles Paden, Respondent, v. Dix Hills Fire District et al., Appellants. Workmen's Compensation Board, Respondent

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

January 25, 1961.

Attorney(s) appearing for the Case

George J. Hayes, Charles G. Tierney and Morris N. Lissauer for appellants.

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

Pallmeyer & Fischer (Otho S. Bowling and Robert F. Bowling of counsel), for claimant-respondent.

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

BERGAN, P. J.

Claimant, a volunteer fireman, was injured while putting up Christmas decorations in the firehouse of the appellant Dix Hills Fire District.

There is evidence both that it was the custom of the district to decorate the firehouse inside and outside at the Christmas season; and that claimant was working at the direction of the fire chief. The secretary of the appellant district testified that...

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