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Schine v. Town of Great Valley

8 N.Y.2d 1109 Court N.Y. Decision date 1960-11-17 English

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p. 1109
In the Matter of Hazel Schine, as Executrix of Edith Goodman, Deceased, Respondent, v. Town of Great Valley et al., Appellants, and Killbuck Fire District et al., Respondents. Workmen’s Compensation Board, Respondent.
Argued October 19, 1960;
decided November 17, 1960.
p. 1111
Morris N. Lissauer, Charles G. Tierney and George J. Hayes for appellants.
Louis J. Lefkowitz, Attorney-General (Gilbert M. Landy, Paxton Blair and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
Thomas J. Kelly and Noel S. Symons for Hartford Accident and Indemnity Company, respondent.
No appearance for claimant-respondent.

Order affirmed, without costs. We agree with the Appellate Division that, reading the policy as written and in the light of this record, as well as the provisions of sections 176 and 176-a of the Town Law relating to the powers and duties of Fire Commissioners, the board was justified in making the award to claimant. We decide no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Taking no part: Judge Foster.