Majority
p. 735In the Matter of the Claim of Pearl Richer, Respondent, against Globe Forge & Foundries, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent. Argued June 2, 1949; decided July 19, 1949.
p. 736
Lewis C. Ryan for appellants.
Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
The finding that the employee was in the course of Ms employment at the time of the fatal accident is not without warrant in the record. The claimant, however, is not entitled to an award, for her divorce from Snyder was void (Caldwell v. Caldwell, 298 N. Y. 146 ) and hence she is not the widow of the deceased employee.
The order of the Appellate Division should be reversed and the claim dismissed, with costs to the appellants in tMs court and in the Appellate Division against the Workmen’s Compensation Board.
Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bbomley, JJ., concur.
Order reversed, etc.
Cases cited
- Caldwell v. Caldwell 298 N. Y. 146 p. 736