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IN THE MATTER OF GOMEZ v. WINDOWS ON THE WORLD

23 A.D.3d 967 (2005)

804 N.Y.S.2d 849

In the Matter of the Claim of TATIANA GOMEZ, Respondent, v. WINDOWS ON THE WORLD et al., Respondents. ELISA GOMEZ ESCALANTE, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

November 23, 2005.

Cardona, P.J.

Wilder Gomez (hereinafter decedent) died on September 11, 2001 in the terrorist attacks upon the World Trade Center in New York City. When claimant applied for a workers' compensation death benefit as decedent's surviving spouse, Elisa Gomez Escalante objected and likewise sought a death benefit as decedent's surviving spouse. It appears that decedent married Escalante in his native Colombia in 1984 and, following his solitary emigration to the United...

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