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RACHA v. RACHA/VERN'S TRUCK

151 A.D.2d 12 (1989)

In the Matter of the Claim of Vernon Racha, Appellant, v. Vernon Racha/Vern's Truck & Diesel Service et al., Respondents. Workers' Compensation Board, Respondent

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

October 12, 1989

Attorney(s) appearing for the Case

Swartz, Evans, Dickinson, Parmeter, Tinker & Timmerman, P. C. (Daniel S. Dickinson, III, of counsel), for appellant.

Conboy, McKay, Bachman & Kendall (David L. Snyder of counsel), for Vernon Racha/Vern's Truck & Diesel Service and another, respondents.

MAHONEY, P. J., WEISS, LEVINE and MERCURE, JJ., concur.

CASEY, J.

The Workers' Compensation Board denied a claim for death benefits filed on behalf of a child born subsequent to the death of the unmarried decedent, finding no evidence of the child's dependency on decedent. We reverse.

According to the undisputed testimony of the child's mother and paternal and maternal grandparents, decedent and the mother had a steady relationship for about one year prior...

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