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RIVARD v. POLICE STATE CAMPUS

46 A.D.2d 34 (1974)

In the Matter of the Claim of Norman Rivard, Respondent, v. New York State Police State Campus et al., Appellants. Workmen's Compensation Board, Respondent

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

November 14, 1974.

Attorney(s) appearing for the Case

Herbert Lasky (Louis Busell of counsel), for appellants.

Richard C. Wagner for Norman Rivard, respondent.

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

STALEY, JR., SWEENEY and MAIN, JJ., concur with HERLIHY, P. J.; REYNOLDS, J., dissents and votes to dismiss in an opinion.

HERLIHY, P. J.

This is an appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed October 3, 1973, which awarded compensation benefits to the claimant.

The claimant was employed by the New York State Police as a senior investigator in the Division of Criminal Investigation immediately prior to and in August of 1968. For approximately three months prior...

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