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MATTER OF LEONESCU v. STAR LIQUOR DEALERS, INC.

25 A.D.2d 932 (1966)

In the Matter of the Claim of Morris Leonescu, Respondent, v. Star Liquor Dealers, Inc., et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

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

May 26, 1966

MEMORANDUM BY THE COURT.

The Referee's closing of the case on April 6, 1961 was demonstrated to have been a clear mistake, in the light of the current, uncontroverted medical reports, of claimant's absence at the hearing because of illness, of counsel's unfamiliarity with the file and of the denial of a requested adjournment. Hence it was proper for the board, instead of approving the Referee's subsequent reopening and his discharge of the appellant carriers and consequent...

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