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IN THE MATTER OF SMOLICZ v. CANTOR FITZGERALD, LP

28 A.D.3d 857 (2006)

812 N.Y.S.2d 694

In the Matter of the Claim of IRENE SMOLICZ, on Behalf of CAROLYN KOESTNER, an Infant, Appellant, v. CANTOR FITZGERALD, LP, et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

April 6, 2006.

Cardona, P.J.

Frank Koestner (hereinafter decedent) perished in the September 11, 2001 terrorist attacks while working for the employer at the World Trade Center in New York City. Claimant, decedent's former wife and the mother of their daughter, filed a claim for a workers' compensation death benefit (see Workers' Compensation Law § 16) on behalf of the child. As a result, a $400 weekly award was made to the child.

Michelle Stabile later objected...

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