Hyperlawhypertext legal database Claim of Seamon v. Landstrom Gravel Co. 48 N.Y.2d 923

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Claim of Seamon v. Landstrom Gravel Co.

48 N.Y.2d 923 Court N.Y. Decision date 1979-12-13 English

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p. 923
In the Matter of the Claim of Carl E. Seamon, Respondent, v Landstrom Gravel Co. et al., Appellants. Workers’ Compensation Board, Respondent.
Argued November 19, 1979;
decided December 13, 1979
p. 924
APPEARANCES OF COUNSEL
Robert Eckelberger, Jr., for appellants.
Robert Abrams, Attorney-General (Morris N. Lissauer, Shirley Adelson Siegel and Henriette Frieder of counsel), for Workers’ Compensation Board, respondent.
p. 925
OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 65 AD2d 877 ). Even though the board’s determination is not unanimous, there must be an affirmance if there is substantial evidence to sustain its determination.

Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judges Jasen and Meyer dissent and vote to reverse for reasons stated in the dissenting memorandum by Mr. Justice Robert G. Main at the Appellate Division ( 65 AD2d 877 -878).

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