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MATTER OF MUSZYNSKI v. DENNIS PURICELLI MASONRY & CONCRETE, INC.

92 A.D.2d 666 (1983)

In the Matter of the Claim of Norman Muszynski, Respondent, v. Dennis Puricelli Masonry & Concrete, Inc., 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.

February 10, 1983

Since the board applied the wrong standard in determining whether the carrier had effectively canceled its policy of workers' compensation insurance issued to the employer, its decision imposing liability on the carrier and discharging the Uninsured Employers Fund must be reversed. Pursuant to subdivision 5 of section 54 of the Workers' Compensation Law, an insurer's cancellation of its policy during the term of the policy is effective...

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