Claim of Daly v. Board of Elections

Appellate Division of the Supreme Court of New York

Claim of Daly v. Board of Elections

254 A.D. 914, 5 N.Y.S.2d 633, 1938 N.Y. App. Div. LEXIS 8282

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

DecidedJune 22, 1938

StatusPublished

Cited by3 cases

This text of 254 A.D. 914 (Claim of Daly v. Board of Elections) 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 Daly v. Board of Elections, 254 A.D. 914, 5 N.Y.S.2d 633, 1938 N.Y. App. Div. LEXIS 8282 (N.Y. Ct. App. 1938).

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Opinion

Appeal from an award of the State Industrial Board of compensation under the Workmen’s Compensation Law. Claimant was an employee in the office of the board of elections of the city of New York. The sole question is whether he was an employee of the State within the contemplation of the Workmen’s Compensation Law, the benefits of which are extended to “ any employment by the State.” (Workmen’s Comp. Law, § 3, subd. 1, group 16.) The board of elections of the city of New York is a State agency. (,Matter of Reynolds, 202 N. Y. 430, 441; Schieffelin v. Komfort, 212 id. 520.) Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur; Rhodes, J., dissents and votes to reverse the award and to dismiss the claim, on the ground that the claimant is not a State employee.

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Appeal from an award of the State Industrial Board of compensation under the Workmen’s Compensation Law. Claimant was an employee in the office of the board of elections of the city of New York. The sole question is whether he was an employee of the State within the contemplation of the Workmen’s Compensation Law, the benefits of which are extended to “ any employment by the State.” (Workmen’s Comp. Law, § 3, subd. 1, group 16.) The board of elections of the city of New York is a State agency. (,Matter of Reynolds, 202 N. Y. 430, 441; Schieffelin v. Komfort, 212 id. 520.) Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur; Rhodes, J., dissents and votes to reverse the award and to dismiss the claim, on the ground that the claimant is not a State employee.

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Bluebook (online)

254 A.D. 914, 5 N.Y.S.2d 633, 1938 N.Y. App. Div. LEXIS 8282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-daly-v-board-of-elections-nyappdiv-1938.

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