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MATTER OF THOMAS v. COOLEY CONTRACTING CO.

21 A.D.2d 929 (1964)

In the Matter of the Claim of Ernest B. Thomas, Respondent, v. Cooley Contracting Co. et al., Appellants, and City of Schenectady — Waste Collection, Respondent. Workmen's Compensation Board, Respondent

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

July 2, 1964

GIBSON, P. J.

Although the board seems to have been correct in relieving respondent city from contribution during the periods when reduced earnings exceeded the wage rate at the time of the injury in the city's employ (Workmen's Compensation Law, § 15, subd. 6, par. [d]; Matter of Crawley v. Failla, 6 N.Y.2d 57), that issue is not before us, not having been raised in the application for review by the board...

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