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MTR. OF REID v. COR. SERVS.

54 A.D.2d 83 (1976)

In the Matter of the Claim of Clarence Reid, Appellant, v. New York State Department of Correctional Services et al., Respondents. Workmen's Compensation Board, Respondent

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

October 21, 1976

Attorney(s) appearing for the Case

William E. Hellerstein (Warren H. Richmond, III, of counsel), for appellant.

Peter M. Pryor (Joseph F. Manes of counsel), for State Insurance Fund, respondent.

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

SWEENEY, J. P., MAIN, HERLIHY and REYNOLDS, JJ., concur.

LARKIN, J.

Claimant, a prisoner at the Great Meadow Correctional Facility, injured in 1973 while working in a carpentry shop at the prison, filed a claim for workmen's compensation. The Referee's decision, disallowing the claim because no employee-employer relationship existed, was affirmed by the Workmen's Compensation Board and this appeal ensued.

The issue is whether inmates confined to penal institutions...

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