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MATTER OF FERNANDEZ v. NEW YORK CITY TR. AUTH.

CV-23-0309.

2024 NY Slip Op 00838

In the Matter of the Claim of Brenda Fernandez, Appellant, v. New York City Transit Authority, Respondent, Workers' Compensation Board, Respondent.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Savino & Smollar, PC, New York City ( Valerie Malloy of counsel), for appellant.

Foley, Smit, O'Boyle & Weisman, Hauppauge ( Theresa E. Wolinski of counsel), for New York City Transit Authority, respondent.

Letitia James , Attorney General, New York City ( Alison Kent-Friedman of counsel), for Workers' Compensation Board, respondent.

Before: Egan Jr., J.P., Aarons, Pritzker, Reynolds Fitzgerald and Mackey, JJ.

Appeal from a decision of the Workers' Compensation Board, filed September 21, 2022, which ruled that decedent's death was not causally-related to his employment and denied claimant's claim for workers' compensation death benefits.

Claimant's husband (hereinafter decedent) was a track inspector for the employer and...

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