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MTR. OF ROBINETTE v. MEYER SIGN CO.

43 A.D.2d 458 (1974)

In the Matter of the Claim of Mary E. Robinette, Appellant, v. Arnold Meyer Sign Company et al., Respondents. Workmen's Compensation Board, Respondent

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

February 28, 1974.

Attorney(s) appearing for the Case

Deyo, Turnbull, Turner & Normile (Frank J. Ondrusek of counsel), for appellant.

Minore & Manes (Joseph F. Manes of counsel), for Arnold Meyer Sign Company and another, respondents.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

STALEY, JR., GREENBLOTT, COOKE and MAIN, JJ., concur.

HERLIHY, P. J.

This is an appeal by the claimant from a decision of the Workmen's Compensation Board, filed July 26, 1971, which held that the respondents were entitled to a credit of $12,554.96 against deficiency compensation awarded on and after November 23, 1964.

The evidentiary facts are not disputed. The claimant's decedent was injured on July 24, 1962 and commenced a third-party action. The decedent at the time of his injuries was in the...

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