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MATTER OF BROWN v. VERIZON NEW YORK, INC.

8 A.D.3d 838 (2004)

778 N.Y.S.2d 726

In the Matter of the Claim of EDWARD BROWN, JR., Respondent, v. VERIZON NEW YORK, INC., Formerly Known as BELL ATLANTIC, Appellant. WORKERS' COMPENSATION BOARD, Respondent. (And Five Other Related Proceedings.)

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

June 17, 2004.

Mugglin, J.

These six cases, while not among the 974 cases for which Staruch v New York Tel. Co. (277 A.D.2d 830 [2000], lv dismissed and denied 96 N.Y.2d 852 [2001]) was designated the lead case, present once again the issue of whether an employer's right to recover moneys paid pursuant to an employee benefit plan from a later workers'...

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