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MATTER OF ELWOOD v. HERKIMER CENT. SCH.

20 N.Y.2d 869 (1967)

In the Matter of the Claim of Mary Elwood, Appellant, v. Herkimer Central School et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 2, 1967.

Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant.

Joseph M. Soviero and Bernard F. Farley for respondents.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and KEATING. Judges VAN VOORHIS, SCILEPPI and BREITEL dissent and vote to affirm upon the grounds stated in the concurring opinion of Judge HERLIHY in the Appellate Division.

Order reversed and determination of the Workmen's Compensation Board reinstated, with costs in this court and in the Appellate Division against respondents employer and carrier, for the reasons stated in the dissenting opinion in the Appellate Division...

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