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CAPOBIANCO v. CONT'L VENDING MACH. CORP.

28 A.D.2d 1126 (1967)

Dominick Capobianco, Respondent, v. Continental Vending Machine Corp., Defendant. Commissioners of the State Insurance Fund, Appellants

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

November 6, 1967

In our opinion, the order appealed from, made by one Justice of the Supreme Court, after oral argument before and submission to another Justice of that court, contravenes the provisions of section 21 of the Judiciary Law (Clover-East Associates v. Bachler, 23 A.D.2d 620). A full hearing should have been held, at which the parties could have presented their proofs (Workmen's Compensation Law, § 29, subd. 5). We have dealt with...

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