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MATTER OF ATKINS v. DE BREE

24 A.D.2d 251 (1965)

In the Matter of Johnnie J. Atkins, Respondent, v. Joseph De Bree, Doing Business as De Bree Garbage Removal, Respondent, and Veterans' Administration, Appellant. Workmen's Compensation Board, Respondent

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

December 23, 1965.

Attorney(s) appearing for the Case

Justin J. Mahoney, United States Attorney, and Frank A. Dziduch, Assistant United States Attorney (Richard S. Salzman and Morton Hollander of counsel), for appellant.

Joseph E. Gagan for claimant-respondent.

Schwartz, Kobb, Freilich & Scheinert (Robert H. Freilich of counsel), for Joseph De Bree, respondent.

Martin Bergman for Uninsured Employers Fund.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

GIBSON, P. J., REYNOLDS, TAYLOR and AULISI, JJ., concur.

HERLIHY, J.

The claimant, following an injury sustained in an industrial accident, entered the Veterans' Administration hospital where he remained for a substantial period of time, receiving treatment for the injuries and for a nonrelated condition. Application for reimbursement from the employer has been disallowed.

The statement for the hospital services failed to separate the expenses chargeable to...

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