MIDDLETON v. COXSACKIE FAC.


38 N.Y.2d 130 (1975)

In the Matter of Kenneth Middleton, Appellant, v. Coxsackie Correctional Facility et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1975.


Attorney(s) appearing for the Case

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

Joseph F. Manes and Herbert Lasky for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Judge JASEN dissents and votes to affirm on the majority memorandum at the Appellate Division ().


COOKE, J.

We review here an order of the Appellate Division which, by a divided court, reversed a decision of the Workmen's Compensation Board and dismissed the claim on the ground that an accidental injury had not been sustained.

Kenneth Middleton began to work in 1953 as a correction officer at the Coxsackie Correctional Facility in West Coxsackie. In 1969 he ran the institution's cannery and, between...

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