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MTR. OF RYAN v. GEN. ELEC. CO.

31 A.D.2d 191 (1968)

In the Matter of the Claim of Mary Ryan, Appellant, v. General Electric Company et al., Respondents. Workmen's Compensation Board, Respondent

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

December 27, 1968.

Attorney(s) appearing for the Case

Smith, Leasure, Gow & Cahill (James N. Cahill of counsel), for appellant.

Fraser, McDonough & Digby (Bouck & Holloway and Warner M. Bouck of counsel), for General Electric Company and another, respondents.

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

REYNOLDS and AULISI, JJ., concur with HERLIHY, J.; GIBSON, P. J., concurs in the result, in a memorandum. GABRIELLI, J., dissents and votes to reverse and remit, in an opinion.

HERLIHY, J.

The claimant appeals from a decision of the Workmen's Compensation Board which determined that a recovery by the claimant under the Military Claims Act (U. S. Code, tit. 10, § 2733) must be applied in reduction of an award of death benefits under the Workmen's Compensation Law.

The facts in this case are stipulated. On October 2, 1962, John B. Ryan, the decedent, was killed in a midair collision between

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