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MATTER OF HOLCK v. TOWN OF HEMPSTEAD — DIST. NO. 2

47 N.Y.2d 993 (1979)

In the Matter of the Claim of Gary Holck, Appellant, v. Town of Hempstead — District No. 2 et al., Respondents. Worker's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1979.

Attorney(s) appearing for the Case

Mauro A. Contrastano for appellant.

William L. Weinstock and Peter M. Pryor for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Claimant was injured while playing soccer outside his place of employment during a lunch break. His claim for compensation was disallowed by the Workers' Compensation Board, and the Appellate Division affirmed.

There is no basis for disturbing the board's decision. Whether claimant's noontime recreational activity was an incident...

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