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MTR. OF DE STEFANO v. STATE INS. FUND

43 A.D.2d 180 (1973)

In the Matter of the Claim of Anthony DeStefano, Respondent, v. State Insurance Fund, Appellant. Woodworking Affiliates, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

December 20, 1973.

Attorney(s) appearing for the Case

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

Roshwald & Capobianco for Anthony De Stefano, respondent.

Albert D'Antoni for Uninsured Employers Fund, respondent.

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

GREENBLOTT, COOKE, SWEENEY and REYNOLDS, JJ., concur.

HERLIHY, P. J.

This is an appeal by the State Insurance Fund from a decision of the Workmen's Compensation Board, filed on March 8, 1973, which found that it had improperly canceled the employer's insurance policy.

The record establishes that insurance was issued by the appellant to the employer from the period of April 17, 1971 to April 17, 1972. The policy was issued upon the basis of an estimated premium...

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