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  5. 40 N.Y.2d 902 (1976)
 

MATTER OF TELES v. WESTBURY S & S CONCRETE INC.

40 N.Y.2d 902 (1976)

In the Matter of the Claim of Manuel Teles, Respondent, v. Westbury S & S Concrete Inc. et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1976.

Attorney(s) appearing for the Case

John M. Cullen and Herbert Lasky for State Insurance Fund, appellant.

Louis J. Lefkowitz, Attorney-General (Herman C. Emer, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice T. PAUL KANE at the Appellate Division.

Order affirmed, with costs, on the memorandum at the Appellate Division (50 A.D.2d 954

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