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SCHEER v. NYS INS. FUND

22 Misc.3d 239 (2008)

865 N.Y.S.2d 865

GARY A. SCHEER, Petitioner, v. NEW YORK STATE INSURANCE FUND et al., Respondents.

Supreme Court, Erie County.

October 16, 2008.

Attorney(s) appearing for the Case

Alan D. Voos, Buffalo, for petitioner.

Thomas P. Etzel, Buffalo, for New York State Insurance Fund, respondent.

OPINION OF THE COURT

PATRICK H. NEMOYER, J.

Before this court are a petition by the injured employee and a cross motion by the workers' compensation insurance carrier for a judicial determination of (a) the amount of the workers' compensation lien to be enforced against the proceeds of settlement of the injured employee's tort or personal injury action, and (b) of the carrier's obligation to make future workers...

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