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  5. 79 N.Y.2d 962 (1992)
 

MATTER OF VOLCJAK v. CHERRY LANE MOTORS, INC.

79 N.Y.2d 962 (1992)

In the Matter of Marie D. Volcjak, Claimant, v. Cherry Lane Motors, Inc., et al., Respondents. Workers' Compensation Board, Appellant. (Proceeding No. 1.) In the Matter of Camille Costa, Claimant, v. Charles F. Noyes et al., Respondents. Workers' Compensation Board, Appellant. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided April 2, 1992.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Theresa E. Wolinski, Jerry Boone, Peter H. Schiff, and Jane Lauer Barker of counsel), for appellant.

Joel M. Gluck for respondents.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK JR., and BELLACOSA concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In each case, the claimant was almost 60 years old when her husband died of injuries sustained in the course of employment. Upon turning 60, claimants became eligible for, and shortly thereafter began receiving, Social Security survivors' benefits. When the workers' compensation death benefit awards were rendered, claimants were receiving...

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