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  5. 33 A.D.2d 1088 (1970)
 

MATTER OF ZEDLER v. RUPPERT

33 A.D.2d 1088 (1970)

In the Matter of the Claim of Arthur Zedler, Respondent, v. Jacob Ruppert et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workmen's Compensation Board, Respondent

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

February 24, 1970

HERLIHY, P. J.

A hearing Referee closed the claimant's case on May 25, 1967 for the failure of the claimant to appear and prosecute his claim. When the case was "closed" in May of 1967 more than three years had passed since the last payment of compensation and more than seven years had passed from the date of claimant's accident, however the original application for reopening was made within the three and seven...

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