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  5. 52 N.Y.2d 860 (1981)
 

MATTER OF SURDI v. PREMIUM COAL & OIL CO., INC.

52 N.Y.2d 860 (1981)

In the Matter of the Claim of Sam Surdi, Appellant, v. Premium Coal and Oil Co., Inc., et al., Respondents. Workers' Compensation Board, Respondents.

Court of Appeals of the State of New York.

Decided January 8, 1981.

Attorney(s) appearing for the Case

Burton J. Jacowitz for appellant.

Joseph F. Manes for Premium Coal and Oil Co., Inc., and another, respondents.

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

Order reversed, with costs, and the penalty fixed by the referee reinstated for reasons stated in the dissenting memorandum by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division (71 AD2d, at p 965), to which we add only that as in Kurcsics v Merchants Mut. Ins. Co. (49 N.Y.2d 451, 459) so here the issue is one of legislative intent rather than administrative...

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