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MTR. OF BILELLO v. ECKERT CO.

43 A.D.2d 192 (1974)

In the Matter of the Claim of Richard Bilello, Appellant, v. A. J. Eckert Co. et al., Respondents. Workmen's Compensation Board, Respondent

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

January 3, 1974.

Attorney(s) appearing for the Case

John E. Kirklin for appellant.

Foley, Smit & Morabito (Dominic A. Morabito of counsel), for A. J. Eckert Co. and another, respondents.

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

COOKE and SWEENEY, JJ., concur with GREENBLOTT, J.; HERLIHY, P. J., and REYNOLDS, J., each dissent and vote to affirm in separate opinions.

GREENBLOTT, J.

This is an appeal by the claimant from a decision of the Workmen's Compensation Board, filed August 7, 1972, which held that claimant was ineligible for benefits as of October 10, 1966.

In November of 1965 claimant, a laborer, sustained an industrial head injury in the course of employment. The carrier voluntarily paid workmen's compensation benefits to the claimant based on his injuries...

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