Claim of Shanley v. Slattery Contracting Co.

Majority

p. 860

In the Matter of the Claim of Florence Shanley (Mrs. B. L. Bierweiler), Respondent, against Slattery Contracting Co., Inc., and Another, Appellants. State Industrial Board, Respondent.

Award unanimously affirmed, with costs to the claimant against the employer and the insurance carrier, on the ground that a stepchild, actually dependent on a stepfather, is a dependent, even though the father is still living but divorced from the mother of the child. (Workmen’s Compensation Law, § 2, subd. 11; Yeople v. Bose Co., 182 App. Div. 438 ; affd., 223 N. Y. 687 ; Matter of Bogold v. Bogold Bros., 218 App. Div. 676 ; affd., 245 N. Y. 574 .)

Cases cited

Claim of Yeople v. John B. Rose Co. 223 N. Y. 687 N.Y. 1918-05-14 p. 860
Claim of Bogold v. Bogold Bros. 245 N. Y. 574 N.Y. 1927-05-20 p. 860