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MATTER OF CARRASQUILLO v. SANTINI BROS.

13 N.Y.2d 245 (1963)

In the Matter of the Claim of Malagros Carrasquillo, Appellant, v. Santini Brothers — the Original et al., Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Jeannette H. Harris for appellant.

George J. Hayes and Joseph M. Soviero for respondents.

No appearance for Workmen's Compensation Board, respondent.

Chief Judge DESMOND and Judges DYE, BURKE and FOSTER concur with Judge SCILEPPI; Judges FULD and VAN VOORHIS dissent and vote to affirm and to dismiss the claim for the reasons stated in the opinion at the Appellate Division.

SCILEPPI, J.

In this proceeding to recover death benefits under the Workmen's Compensation Law, claimant widow appeals from an order of the Appellate Division, Third Department, which reversed (two Justices dissenting) an award made by the Workmen's Compensation Board in favor of the widow and her four minor children, and dismissed the claim.

Decedent, aged 28, was employed as a warehouse helper by Santini...

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