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  5. 22 N.Y.2d 394 (1968)
 

MATTER OF LUNGARELLI (CATHERWOOD)

22 N.Y.2d 394 (1968)

In the Matter of the Claim of Gregory Lungarelli, an Infant, by His Natural Guardian, Anthony Lungarelli, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1968.

Attorney(s) appearing for the Case

Ronald James D'Angelo and Mary B. Tarcher for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel Stern, Samuel A. Hirshowitz and Irving Jorrisch of counsel), for respondent.

Chief Judge FULD and Judges KEATING and BREITEL concur; Judges SCILEPPI, BERGAN and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

BURKE, J.

Claimant, Gregory Lungarelli, on March 6, 1964, when he was then but 17 years of age, left his position as a $64 per week messenger with a stock brokerage firm in New York City and entered the United States Army. Assigned to Vietnam, he served as a combat machine gunner in the airborne infantry. He was honorably discharged from the Army three years later, on March 10, 1967.

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