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MTR. OF DAY v. SMYRNA FIRE DEPT.

27 A.D.2d 341 (1967)

In the Matter of the Claim of John C. Day, Jr., Appellant, v. Smyrna Fire Department et al., Respondents. Workmen's Compensation Board, Respondent

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

May 1, 1967.

Attorney(s) appearing for the Case

Lee, Lee & Rappleyea (Clarence G. Rappleyea, Jr., of counsel), for appellant.

James A. Haynes, Jr., for Chenango County Self-Insurance Plan, respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

GIBSON, P. J., HERLIHY, AULISI, STALEY, JR., and GABRIELLI JJ., concur in opinion per HERLIHY J.

HERLIHY, J.

The facts are substantially uncontroverted. The claimant, together with other members of the Smyrna Fire Department, went to Marathon, New York on June 20, 1964 to participate in a firemanic hose contest. Their actual participation ended about noon and while waiting for the final results of the contest, they went to a hotel in the town where they had lunch, including beer. When the Acting Captain...

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