MATTER OF DZIUBA v. GEORGE F. DRISCOLL & MOCCIA CONSTR. CORP.


25 A.D.2d 459 (1966)

In the Matter of the Claim of Caroline Dziuba, Respondent, v. George F. Driscoll & Moccia Construction Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

January 7, 1966


TAYLOR, J.

The sole issue presented on appeal is the propriety of the board's finding of partial dependency. At the time of his death decedent, then 49 years of age, unmarried and profitably employed, and his 72-year-old widowed mother occupied an apartment in the multiple dwelling house of which she owned an undivided one-half interest. She testified that her son gave her $25 in cash each week. There was also evidence that claimant's income from her...

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