MATTER OF CAPRON v. LECCEARDONE


71 A.D.2d 753 (1979)

In the Matter of the Claim of August Capron, Respondent, v. Robert Lecceardone, et al., Respondents, and State Insurance Fund, Appellant. Workers' Compensation Board, Respondent

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

July 19, 1979


The issue we are called upon to determine is whether there is substantial evidence to support the board's finding that "there was no timely service on the employer by mail" of the 10-day notice of cancellation. We find the record is lacking in such evidence. Accordingly, the decision of the board, as amended, must be reversed. The proof established that the employer, by his own admission, received the notice of cancellation in the mail at the post office in Salamanca, New...

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