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MATTER OF TULLY v. INTERSTATE FLOOR COVERING ONONDAGA SUPPLY CO., INC.

63 A.D.2d 1113 (1978)

In the Matter of the Claim of Daniel P. Tully, Appellant, v. Interstate Floor Covering Onondaga Supply Co., Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

June 29, 1978

As the result of a one-car accident on November 9, 1975, claimant pleaded guilty to the charge of driving while intoxicated (Vehicle and Traffic Law, § 1192). Disability benefits were denied because the claimant was injured while perpetrating an illegal act (Workers' Compensation Law, § 205). A coram nobis motion brought on behalf of the claimant was granted and his conviction of driving while intoxicated was vacated. Thereafter, he entered a plea of guilty...

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