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MATTER OF BLACK v. METRO. TOBACCO

71 N.Y.2d 989 (1988)

In the Matter of Sara Black, Respondent, v. Metropolitan Tobacco et al., Respondents. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Howard B. Friedland, O. Peter Sherwood, Jane Lauer Barker and Theresa E. Wolinski of counsel), for appellant.

Robert W. Manning for Metropolitan Tobacco and another, respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the decision of the Workers' Compensation Board reinstated.

The decision of the Board, that decedent's fatal heart attack was a compensable accident, was supported by substantial evidence and, therefore, should not have been disturbed (see, Matter of Gates v McBride Transp., 60 N.Y.2d 670<...

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