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MATTER OF JONES v. UNINSURED EMPLOYERS' FUND

2013 NY Slip Op 08309

IN THE MATTER OF THE CLAIM OF JAMES WILLIAM JONES, Respondent, v. UNINSURED EMPLOYERS' FUND, Appellant, AND AMERICAN SITE DEVELOPERS LLC ET AL., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 12, 2013.

Attorney(s) appearing for the Case

Victoria A. Plotsky , Uninsured Employers' Fund, Schenectady, for appellant.

Hamberger & Weiss, Buffalo ( Richard L. Holstein of counsel), for Erie County Department of Public Works, respondent.

Damon Morey, LLP, Buffalo ( Sharyn G. Rogers of counsel), for Ray Environmental Services, LLC, respondent.

Appeals from two decisions of the Workers' Compensation Board, filed December 20, 2011 and December 13, 2012, which, among other things, ruled that Erie County was not liable for workers' compensation benefits under Workers' Compensation Law § 56.

EGAN Jr., J.

In October 2006, a number of trees located within recreational areas owned by Erie County were damaged during a heavy snow storm, prompting the County to enter into a written agreement with American...

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