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SMITH v. BELL AEROSPACE

125 A.D.2d 140 (1987)

In the Matter of the Claim of June Smith, Respondent, v. Bell Aerospace et al., Appellants, and Special Funds Conservation Committee et al., Respondents

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

February 26, 1987

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Ronald E. Weiss of counsel), for appellants.

Patrick Harnedy (Morris N. Lissauer of counsel), for Special Funds Conservation Committee, respondent.

MAHONEY, P. J., KANE, MAIN and LEVINE, JJ., concur.

CASEY, J.

The employer and its insurance carrier contend that the Workers' Compensation Board erred in discharging the Special Funds Conservation Committee (hereinafter Special Fund) from liability on the death claim filed by claimant. We agree.

Special Fund's liability, if any, in this case is predicated upon the "dust disease" provisions of Workers' Compensation Law § 15 (8) (ee). All parties...

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