MATTER OF McCREESH v. MONTROSE CONSTR. CO.


25 A.D.2d 596 (1966)

In the Matter of the Claim of The Estate of James McCreesh, Deceased, Respondent, v. Montrose Construction Co. et al., Appellants, and Mason & Hanger, Respondent. Workmen's Compensation Board, Respondent

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

February 14, 1966


REYNOLDS, J.

The appellants raise questions of last employment and apportionment (Workmen's Compensation Law, § 44) and of the refusal by the Referee to accept a written statement of claimant in addition to his sworn statement under oath. With respect to the questions of last employment and apportionment, these issues were not raised in the written application for review nor in the oral argument before the board and thus cannot be considered on this...

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