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  5. 27 A.D.2d 24 (1966)
 

MTR. OF INS. CO., NO. AMER. v. SENIOR

27 A.D.2d 24 (1966)

In the Matter of Insurance Company of North America, Respondent, v. S. E. Senior, as Chairman of The Workmen's Compensation Board of the State of New York, Appellant

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

December 23, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Ruth Kessler Toch of counsel), for appellant.

Davis, Polk, Wardwell, Sunderland & Kiendl (Winthrop J. Allegaert and Henry L. King of counsel), for respondent.

GIBSON, P. J., REYNOLDS and AULISI, JJ., concur with STALEY, JR., J.; HERLIHY, J., dissents and votes to reverse, in an opinion.

STALEY, JR., J.

This is an appeal from an order and judgment in an article 78 proceeding which granted the petition, and annulled and set aside two assessments made by the Chairman of the Workmen's Compensation Board under sections 15 (subd. 8, par. [h]), 25-a and 151 of the Workmen's Compensation Law, and directed the Chairman to make new assessments.

The respondent is an insurance carrier engaged in...

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