Claim of Malone v. City of New York

Appellate Division of the Supreme Court of New York

Claim of Malone v. City of New York

255 A.D. 743, 6 N.Y.S.2d 867, 1938 N.Y. App. Div. LEXIS 4976

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

DecidedSeptember 28, 1938

StatusPublished

This text of 255 A.D. 743 (Claim of Malone v. City of New York) 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 Malone v. City of New York, 255 A.D. 743, 6 N.Y.S.2d 867, 1938 N.Y. App. Div. LEXIS 4976 (N.Y. Ct. App. 1938).

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Opinion

This is an appeal by the State Insurance Fund from an award of the State Industrial Board made in claimant’s favor and noticed on February 5, 1938. Claimant sustained accidental injuries on June 25, 1935. The sole question presented to this court is whether claimant was a State employee in his capacity of court attendant at the Court of General Sessions or whether he was an employee of the city of New York. The Board found that he was a State employee. Award unanimously affirmed on the authority of Matter of Miller v. State of New York (253 App. Div. 182), with costs to the State Industrial Board. Present — Hill,, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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This is an appeal by the State Insurance Fund from an award of the State Industrial Board made in claimant’s favor and noticed on February 5, 1938. Claimant sustained accidental injuries on June 25, 1935. The sole question presented to this court is whether claimant was a State employee in his capacity of court attendant at the Court of General Sessions or whether he was an employee of the city of New York. The Board found that he was a State employee. Award unanimously affirmed on the authority of Matter of Miller v. State of New York (253 App. Div. 182), with costs to the State Industrial Board. Present — Hill,, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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255 A.D. 743, 6 N.Y.S.2d 867, 1938 N.Y. App. Div. LEXIS 4976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-malone-v-city-of-new-york-nyappdiv-1938.

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