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MATTER OF HORN v. CAYUGA

8 N.Y.3d 1015 (2007)

870 N.E.2d 688

839 N.Y.S.2d 448

In the Matter of the Claim of GERALD VAN HORN, Respondent, v. COUNTY OF CAYUGA et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 2007.

Attorney(s) appearing for the Case

Susan B. Marris, Liverpool, James S. Fiedler and Gregory J. Allen for appellants.

Andrew Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan, Barbara D. Underwood and Andrea Oser of counsel), for Workers' Compensation Board, respondent.

Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, Third Department, with directions to remand to the Workers' Compensation Board for further proceedings consonant with this Court's decision in Matter of LaCroix v Syracuse Exec. Air Serv., Inc. (

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