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  5. 44 N.Y.2d 946 (1978)
 

MATTER OF McGARRY v. CATAPANO & GROW CONSTR. CO.

44 N.Y.2d 946 (1978)

In the Matter of the Claim of Anthony McGarry, Claimant, v. Catapano & Grow Construction Co. et al., Respondents, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

John M. Cullen and George Cholet for appellant.

William F. Fischer, Jr., for Catapano & Grow Construction Co. and another, respondents.

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

MEMORANDUM.

The Workmen's Compensation Board considered this claim under a statute which provides that "testimony may be taken, either directly or through a referee and if an award is made it shall be against the special fund provided by this section" (Workmen's Compensation Law, § 25-a, subd 1). The decision of the board, made following a hearing, that there had been no closing of the case and that liability was "that...

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