MATTER OF DEVITO v. IMBRIANO


33 N.Y.2d 757 (1973)

In the Matter of the Claim of Carmella Devito, Respondent, v. Anthony Imbriano et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 14, 1973.


Attorney(s) appearing for the Case

Anne G. Kafka for appellants.

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

No appearance for claimant-respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.


Order affirmed, with costs to the Workmen's Compensation Board, in the following memorandum: The record supports the board's determination that the accident arose out of and in the course of the employment. We do not, however, find record support, as the Appellate Division held, that the "decedent was within the class of `outside workers' entitled to the protection of the statute from portal...

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