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MATTER OF ADOLF v. CITY OF BUFFALO BD. OF EDUC.

50 N.Y.2d 871 (1980)

In the Matter of the Claim of Alma P. Adolf, Appellant, v. City of Buffalo Board of Education, Respondent. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Frank S. Kedzielawa and Gerard R. Fornes for appellant.

Joseph P. McNamara, Corporation Counsel (Frank E. Barbee of counsel), for City of Buffalo Board of Education, respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge JASEN concur.

MEMORANDUM.

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

Section 25 (subd 4, par [a]) of the Workers' Compensation Law entitles an employer to reimbursement out of compensation due when he has either made advance payment of compensation or continued payment of wages. The only statutory limitations on that right are that it may be waived by filing a document so stating with the chairman of the...

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