MATTER OF MACRI v. CENTRAL SERVICE CENTER


278 A.D.2d 757 (2000)

717 N.Y.S.2d 780

In the Matter of the Claim of MAURA E. MACRI, Respondent, v. CENTRAL SERVICE CENTER et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 28, 2000.


Peters, J.

Claimant's spouse, Scott Macri (hereinafter decedent), was employed by Central Service Center, a small automobile towing and recovery company owned by Timothy West. Decedent's job responsibilities included running errands 6 to 10 times a week using his own car or one owned by West or a fellow employee. On the morning of May 8, 1996, a supervisor acting pursuant to West's orders, asked decedent to drop off an empty oxygen tank and pick up a new one at the...

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