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  5. 39 N.Y.2d 960 (1976)
 

MATTER OF SMC EMPLOYERS CORP. v. WORKMEN'S COMP. BD.

39 N.Y.2d 960 (1976)

In the Matter of SMC Employers Corp. et al., Respondents, v. Workmen's Compensation Board, Appellant, and John J. Kearns, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for appellant.

Milton S. Gould, Ronald H. Alenstein and Kenneth A. Barry for SMC Employers Corp. and others, respondents.

Hugh O'Boyle for John J. Kearns, Jr., respondent.

Richard E. Spillane for William F. Burke, respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Judgment reversed, with costs, and determination of the Workmen's Compensation Board reinstated (Matter of Butterly & Green v Lomenzo, 36 N.Y.2d 250; Matter of Pell v Board of Educ., 34 N.Y.2d 222

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