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AUGUSTINE v. ELMIRA CORR.

64 A.D.2d 340 (1978)

In the Matter of the Claim of Richard J. Augustine, Respondent, v. New York State Elmira Correctional Facility et al., Appellants. Workers' Compensation Board, Respondent

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

November 9, 1978

Attorney(s) appearing for the Case

Thomas J. Sullivan, respondent pro se.

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

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

MAHONEY, P. J., GREENBLOTT, LARKIN and MIKOLL, JJ., concur.

HERLIHY, J.

Upon this appeal the appellants contend, as a matter of law, that the claimant was not in the course of his employment when he sustained his injuries.

The facts are not disputed. The claimant was employed by the State of New York as a teacher at the Elmira Correctional Facility and incidental to that employment he became a member of the New York State Employees Retirement System. The claimant...

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