MTR. OF ZUMBO v. SCARSDALE BUS CORP.


43 A.D.2d 253 (1974)

In the Matter of the Claim of Stella Zumbo, Respondent, v. Scarsdale Bus Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

January 10, 1974.


Attorney(s) appearing for the Case

Stowell, Taylor & Kelly, P. C. (William Taylor of counsel), for appellants.

Stanley Tomkiel for Stella Zumbo, respondent.

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

GREENBLOTT and SWEENEY, JJ., concur with REYNOLDS, J.; HERLIHY, P. J., and COOKE, J., dissent and vote to affirm in an opinion by HERLIHY, P. J.


REYNOLDS, J.

These are appeals by the employer and its insurance carrier from decisions of the Workmen's Compensation Board awarding the claimant benefits for a back injury.

Claimant sustained an accidental injury to her back in January of 1968 while in the course of employment. Although she reported the same to her employer, she did not file her claim until April 20, 1970, more than two years after the...

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