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MATTER OF AVERY v. CITY OF MIDDLETOWN

33 N.Y.2d 771 (1973)

In the Matter of the Claim of Leona Avery, Appellant, v. City of Middletown, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 15, 1973.

Attorney(s) appearing for the Case

William Goldstein for appellant.

Dominic A. Morabito for respondent.

Concur: Chief Judge FULD and Judges BURKE, GABRIELLI and JONES. Judge JASEN dissents and votes to affirm in the following opinion in which Judges BREITEL and WACHTLER concur.

Order reversed, with costs against the respondent city, on the dissenting opinion at the Appellate Division, the determination of the Workmen's Compensation Board vacated, and the Referee's decision reinstated.

JASEN, J. (dissenting).

I would affirm the order of the Appellate Division which affirmed a decision of the Workmen's Compensation Board denying claimant death benefits on the ground that there...

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