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MTR. OF TOY v. LEVBARG

37 A.D.2d 338 (1971)

In the Matter of the Claim of Barbara F. Toy, Respondent, v. Morrison S. Levbarg et al., Appellants. Workmen's Compensation Board, Respondent

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

November 3, 1971.

Attorney(s) appearing for the Case

Herbert Lasky (Louis Busell of counsel), for appellants.

Thomas F. Toy for claimant-respondent.

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

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

SWEENEY, J.

This is an appeal from a decision of the Workmen's Compensation Board, filed January 26, 1970, which awarded disability benefits under the Disability Benefits Law (Workmen's Compensation Law, art. 9).

This is a case of first impression as to whether claimant, by failing to file a notice of claim for disability benefits within 26 weeks of the date of disability, is barred from recovering, even

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