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MATTER OF PICKWORTH v. DWYER ELEC. CO.

20 N.Y.2d 781 (1967)

In the Matter of the Claim of Harris Pickworth, Respondent, v. Dwyer Electric Company et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided September 28, 1967.

Attorney(s) appearing for the Case

Albert P. Thill for appellants.

John J. Fischer and John M. Cullen for Special Disability Fund, respondent.

No appearance for remaining respondents.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL. Dissent: Judges VAN VOORHIS, BURKE and KEATING.

Order affirmed, with costs; no opinion.

Judges VAN VOORHIS, BURKE and KEATING dissent and vote to reverse and to reinstate the decision of the Workmen's Compensation Board on the ground that there is substantial evidence in this record to support the finding of the Referee, affirmed by the board, that the date of disability was February 1, 1964, which would make the claim for reimbursement...

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