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Claim of Devito v. Imbriano

33 N.Y.2d 757 Court N.Y. Decision date 1973-11-14 English

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p. 757
In the Matter of the Claim of Carmella Devito, Respondent, v. Anthony Imbriano et al., Appellants. Workmen’s Compensation Board, Respondent.
Argued October 11, 1973;
decided November 14, 1973.
p. 759
Anne G. Kafka for appellants.
Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler loch and Daniel Polansky of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.

Order affirmed, with costs to the Workmen’s Compensation Board, in the following memorandum: The record supports the board’s determination that the accident arose out of and in the course of the employment. We do not, however, find record support, as the Appellate Division held, that-the “ decedent was within the class of ‘ outside workers ’ entitled to the protection of the statute from portal to portal. ’ ’

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Waohtler.