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IN THE MATTER OF CLAIM OF BOTTIERI v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE

27 A.D.3d 1035 (2006)

811 N.Y.S.2d 493

In the Matter of the Claim of RONALD BOTTIERI, Appellant, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

March 30, 2006.

Crew III, J.

Claimant sustained work-related injuries in January 1994 and subsequently was classified with a marked permanent partial disability and awarded benefits. Claimant thereafter completed two State Insurance Fund questionnaires, one in July 1997 and the other in January 1998, wherein he indicated, among other things, that he had not worked in any capacity since his injury and that his physical activities consisted...

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