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TURDO v. DELLICATO VINEYARDS

507667

73 A.D.3d 143 (2010)

900 N.Y.S.2d 156

In the Matter of the Claim of MICHAEL TURDO, Deceased, Claimant, v. DELLICATO VINEYARDS et al., Respondents, and NEW YORK STATE INSURANCE DEPARTMENT LIQUIDATION BUREAU, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 1, 2010.

Attorney(s) appearing for the Case

Rothstein & Tufo, P.C., Commack ( Daniel A. Tufo of counsel), for appellant.

Andrew M. Cuomo , Attorney General, New York City ( Estelle Kraushar of counsel), for Workers' Compensation Board, respondent.

ROSE, KAVANAGH, STEIN and EGAN Jr., JJ., concur.

OPINION OF THE COURT

SPAIN, J.P.

Claimant died in 2003 and his widow was awarded death benefits after a Workers' Compensation Law Judge (hereinafter WCLJ) ruled that claimant's death was causally related to a 1999 work-related automobile accident. The WCLJ directed that the New York State Insurance Department Liquidation Bureau—which had assumed liability for the claim following the liquidation of the original carrier—deposit the present value...

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