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CAPITELLI v. WELLS, RICH

165 A.D.2d 284 (1991)

In the Matter of the Claim of Kathleen Capitelli, Respondent, v. Wells, Rich, Green, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

March 7, 1991

Attorney(s) appearing for the Case

Weiss & Wexler, P. C. (Ronald S. Einziger of counsel), for appellants.

Robert Abrams, Attorney-General (Iris A. Steel, Jane Lauer Barker and Theresa E. Wolinski of counsel), for Workers' Compensation Board, respondent.

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

HARVEY, J.

Claimant's decedent died in a helicopter crash arising out of and in the course of his employment in October 1984. Claimant, decedent's widow, and decedent's son thereafter received compensation benefits from October 19, 1984 to November 1, 1985 totaling $14,850. In the meantime, claimant instituted a third-party action against various defendants. This...

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