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MATTER OF KILDAY v. 35 E. 75TH ST. CORP.

32 A.D.2d 597 (1969)

In the Matter of the Claim of Dorothy V. Kilday, as Executrix of Elroi Levy, Deceased, Appellant, v. 35 E. 75th St. Corp. et al., Respondents. Workmen's Compensation Board, Respondent

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

April 24, 1969

GREENBLOTT, J.

Decedent sustained an injury to his right arm and died two days later from unrelated causes. After his death a posthumous schedule award in the amount of $2,550.60 was made on the basis of a 15% loss of the arm. Since decedent left no person entitled to compensation within the meaning of section 15 (subd. 4, par. d) of the Workmen's Compensation Law, the board properly awarded the estate funeral expenses only, in the amount of $366.50....

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