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MATTER OF COOL

44 N.Y.2d 750 (1978)

In the Matter of the Claims of Eveleth E. Cool, Appellant, et al., Petitioner. Philip Ross, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant.

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.

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

Order affirmed, with costs, on the opinion by Mr. Justice A. FRANKLIN MAHONEY at the Appellate Division (57 A.D.2d 450). (Cf. Matter of Bookhout v Levitt, 43 N.Y.2d 612

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