Majority
p. 851Before State Industrial Board, Respondent. The State Treasurer (Claim Arising Out of Death of Antonio Mazzella), Respondent, v. Inter-Cities Construction Corporation and Another, Appellants.
Award affirmed on the authority of Matter of State Treasurer v. West Side Trucking Co. ( 233 N. Y. 202 ), with costs to the State Industrial Board. All concur, except H. T. Kellogg and Hinman, JJ., dissenting on the ground that a year not having elapsed between the date of the death and the date of the award the employer and carrier were not able to prove that there was a dependent who would within a year file a claim and show herself entitled to an award.
Cases cited
- Claim of the State Treasurer v. West Side Trucking Co. 233 N. Y. 202 p. 851