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DALY v. OPPOR. FOR BROOME

48 A.D.2d 99 (1975)

In the Matter of the Claim of Debra Daly, Respondent, v. Opportunities for Broome, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 15, 1975

Attorney(s) appearing for the Case

Kramer, Wales & McAvoy (Robert W. Hillis of counsel), for appellants.

Joseph Hester (Jefferson F. Meagher of counsel), for Debra Daly, respondent.

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

KANE, J., concurs with REYNOLDS, J.; GREENBLOTT, J., concurs in a separate opinion in which REYNOLDS, J., concurs; HERLIHY, P. J., and SWEENEY, J., dissent and vote to affirm in an opinion by HERLIHY, P. J.

REYNOLDS, J.

This is an appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board, filed April 12, 1973, on the ground that the claimant did not sustain an accident arising out of the course of her employment and that she was not an employee within the meaning of the Workmen's Compensation Law.

In April of 1970 the Binghamton State Hospital decided that claimant...

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