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MTR. OF LAWRENCE v. N. Y. S. REALTY

35 A.D.2d 235 (1970)

In the Matter of the Claim of Leonard Lawrence, Respondent, v. New York State Realty & Terminal Co. et al., Appellants; Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

November 12, 1970.

Attorney(s) appearing for the Case

Jones & Kafka (Anne G. Kafka of counsel), for appellants.

George Cholet (James P. Lynch of counsel), for Special Fund, respondent.

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

C. T. Finn for claimant-respondent.

STALEY, JR., GREENBLOTT, COOKE and SWEENEY, JJ., concur.

HERLIHY, P. J.

This is an appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed July 28, 1969, denying appellants reimbursement from the Special Disability Fund (Workmen's Compensation Law, § 15, subd. 8).

The board has found that based on the credible evidence "that prior to the accident of December 2, 1954 the employer did not have reasonable...

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