MATTER OF KELLY v. CONSOLIDATED EDISON CO. OF N.Y.

528566.

205 A.D.3d 1267 (2022)

166 N.Y.S.3d 921

2022 NY Slip Op 03416

In the Matter of the Claim of Christine Kelly, Claimant, v. Consolidated Edison Company of New York et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workers' Compensation Board, Respondent.

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

Decided May 26, 2022.


Attorney(s) appearing for the Case

Cherry, Edson & Kelly, LLP, Melville ( David W. Faber of counsel), for appellants.

Habberfield Kaszycki LLP, Buffalo ( Eugene W. Lane of counsel), for Special Fund for Reopened Cases, respondent.

Letitia James , Attorney General, New York City ( Marjorie S. Leff of counsel), for Workers' Compensation Board, respondent.

Egan Jr., J.P., Clark, Reynolds Fitzgerald and Fisher, JJ., concur.


Claimant's husband (hereinafter decedent) had an established claim for a work-related occupational disease for asbestos-related pleural disease and asbestosis, with a date of disablement of September 28, 2000. In December 2011, liability for the claim was transferred from the employer to the...

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