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MATTER OF BERGER v. BERCZELEY

24 A.D.2d 1058 (1965)

In the Matter of the Claim of Emily Berger, Respondent, v. John Berczeley, Doing Business as Johnny Shell, et al., Appellants. Workmen's Compensation Board, Respondent

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

December 23, 1965

REYNOLDS, J.

On August 8, 1963, decedent, then age 20, was shot and killed during a holdup at the gas station at which he was employed. Appellants on this appeal dispute the board's finding that the claimant mother was dependent and its determination to increase the benefits awarded to reflect the decedent's maximum wage expectancy. The question of dependency is factual (Matter of Martorana v. Tensolite Insulated Wire Co., 14 A...

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