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WHEELER v. STEWART MAPPING

50 A.D.2d 308 (1976)

In the Matter of the Claim of Carolyn Wheeler, Respondent, v. Stewart Mapping Service et al., Appellants. Workmen's Compensation Board, Respondent

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

January 8, 1976

Attorney(s) appearing for the Case

Caputo & Capobianco (Philip J. Caputo of counsel), for appellants.

Sher & Herman for Carolyn Wheeler, respondent.

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

SWEENEY, KANE and LARKIN, JJ., concur with REYNOLDS, J. HERLIHY, P. J., dissents and votes to affirm in an opinion.

REYNOLDS, J.

On this appeal the appellants assert that the board committed error in finding the claimant, Carolyn Wheeler, the lawful widow of Gary Wheeler, the deceased employee. The record establishes that the claimant and the deceased employee were married in Tennessee in 1964 and continued to live together as husband and wife in Tennessee until the early part of 1972. The claimant and the deceased had two...

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