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MATTER OF KELLY v. SUGARMAN

14 A.D.2d 980 (1961)

In the Matter of the Claim of Goldie Kelly, on Behalf of Herself and Totally Disabled Child, Respondent, v. Joseph Sugarman et al., Appellants. Workmen's Compensation Board, Respondent

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

November 22, 1961

Appellants concede that the record presents no factual dispute. They state the issue here to be "Whether as a matter of law, the feeblemindedness of the claimant classifies him as a dependent totally blind or physically disabled child within the meaning of Subdivision 1-A of Section 16 of the Workmen's Compensation Law." They argue that the statutory definition of dependency bars an award to a surviving dependent adult child permanently and totally disabled solely by reason...

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