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MTR. OF MALOOF v. ONONDAGA LIGHTWEIGHT

37 A.D.2d 126 (1971)

In the Matter of the Claim of Judith A. Maloof, Respondent, v. Onondaga Lightweight Aggregate Corporation et al., Appellants, and Aggregate Trust Fund, Respondent. Workmen's Compensation Board, Respondent

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

June 28, 1971.

Attorney(s) appearing for the Case

Fraser, McDonough & Digby (John F. McDonough of counsel), for appellants.

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

William D. Weisberg for claimant-respondent.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and SIMONS, JJ., concur.

COOKE, J.

This is an appeal from a decision of the Workmen's Compensation Board, filed June 11, 1970, which denied the application of the employer and its carrier for a refund, because of the remarriage of the employee's widow, of that portion of the funds paid into the Aggregate Trust Fund on behalf of the widow in excess of her remarriage allowance.

Leonard D. Maloof having died on October 3, 1968 as...

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