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IN THE MATTER OF KROTMAN v. BERKE, BERKE & GRILL

503108.

2008 NY Slip Op 06241

IN THE MATTER OF THE CLAIM OF EDITH KROTMAN, Claimant, v. BERKE, BERKE & GRILL ET AL., Respondents, and SPECIAL DISABILITY FUND, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

Steven Licht, Special Funds Conservation Committee, Albany (Jill Waldman of counsel), for appellant.

Vecchione, Vecchione & Connors, New York City (Leonard B. Feld, Jerricho, of counsel), for Berke, Berke & Grill and another, respondents.

Before: Spain, J.P., Lahtinen, Kane, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

MALONE, Jr., J.

Decedent was found to be permanently partially disabled in 1991 due to a work-related myocardial infarction. Decedent's condition worsened and he died in February 1999. On June 21, 1999, claimant, decedent's widow, filed a claim for death benefits with the Workers' Compensation Board but received no response. In May 2001, claimant informed the Board that there had been no notice that the June 1999 claim had been indexed...

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