Claim of Clark v. Moffitt

Appellate Division of the Supreme Court of New York

Claim of Clark v. Moffitt

261 A.D. 1023, 25 N.Y.S.2d 802, 1941 N.Y. App. Div. LEXIS 8583

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1941

StatusPublished

This text of 261 A.D. 1023 (Claim of Clark v. Moffitt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Clark v. Moffitt, 261 A.D. 1023, 25 N.Y.S.2d 802, 1941 N.Y. App. Div. LEXIS 8583 (N.Y. Ct. App. 1941).

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Opinion

Appeal from a decision of the State Industrial Board which held that the employer was not entitled to a refund of moneys transferred to the Aggregate Trust Fund of the State Insurance Fund, after the death of a widow to whom an award had been made for death benefits. The application for a refund of the unpaid balance was denied on the ground that the employer had notice of the hearing for consideration of the payment of the award into the Aggregate Trust Fund, and did not appeal from the decision directing him to pay the money into such fund. It also appears that the employer failed to appeal from a decision finally made on his original application for a review of the award for death benefits. We think the decision of the Board was properly made and that the record sustains it. Decision unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Appeal from a decision of the State Industrial Board which held that the employer was not entitled to a refund of moneys transferred to the Aggregate Trust Fund of the State Insurance Fund, after the death of a widow to whom an award had been made for death benefits. The application for a refund of the unpaid balance was denied on the ground that the employer had notice of the hearing for consideration of the payment of the award into the Aggregate Trust Fund, and did not appeal from the decision directing him to pay the money into such fund. It also appears that the employer failed to appeal from a decision finally made on his original application for a review of the award for death benefits. We think the decision of the Board was properly made and that the record sustains it. Decision unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Bluebook (online)

261 A.D. 1023, 25 N.Y.S.2d 802, 1941 N.Y. App. Div. LEXIS 8583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-clark-v-moffitt-nyappdiv-1941.