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MATTER OF KELLY v. SUGARMAN

12 N.Y.2d 298 (1963)

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

Court of Appeals of the State of New York.

Decided February 28, 1963.

Attorney(s) appearing for the Case

Joseph L. Minore for appellants.

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

No appearance for Goldie Kelly, respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

FULD, J.

An award of death benefits to the claimant for a dependent child of a deceased employee having been affirmed by the Appellate Division, we granted leave to consider the question whether a mentally deficient adult may be deemed totally disabled under section 16 of the Workmen's Compensation Law so as to entitle him to such an award.

The facts are not in dispute. The claimant's son, now 31 years...

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