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SCALESSE v. PRINTING ADV. CORP.

36 A.D.2d 335 (1971)

In the Matter of the Claim of Eugene Scalesse, Respondent, v. Printing Advertising Corp. Enterprises Printing Division 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.

April 27, 1971.

Attorney(s) appearing for the Case

Herbert Lasky (Joseph F. Manes of counsel), for appellants.

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

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Thorner & Siegel for claimant-respondent.

REYNOLDS, GREENBLOTT and SIMONS, JJ., concur with HERLIHY, P. J.; COOKE, J., dissents and votes to affirm in an opinion.

HERLIHY, P. J.

This is an appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed April 22, 1970, which modified awards made in two separate claims of the claimant so as to discharge the Special Fund For Reopened Cases (Workmen's Compensation Law, § 25-a) from liability and charged the appellants with the same. The Special Fund was charged with liability...

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