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Claim of Slade v. Perkins

33 N.Y.2d 988 Court N.Y. Decision date 1974-02-14 English

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p. 988
In the Matter of the Claim of Lee R. Slade, Respondent, v. Albert Perkins et al., Appellants, and E. Brown, Doing Business as E & B Contracting Co., et al., Respondents. Workmen’s Compensation Board, Respondent.
Argued January 14, 1974;
decided February 14, 1974.
p. 989
John M. Cullen and Herbert Lashy for State Insurance Fund, appellant.
Louis J. Lefkowits, Attorney-General (Jorge L. Gomes, Ruth Kessler Toch and Daniel Polanshy of counsel)', for Workmen’s Compensation Board, respondent.

Order affirmed, with costs, on the memorandum at the Appellate Division. The court notes additionally that the Appellate Division properly interpreted the board’s decision as one in which it made a conscious choice between conflicting testimony as to what was credible.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.