Claim of Rubenfeld v. Department of Taxation & Finance

Appellate Division of the Supreme Court of New York

Claim of Rubenfeld v. Department of Taxation & Finance

278 A.D. 879, 104 N.Y.S.2d 431, 1951 N.Y. App. Div. LEXIS 5041

Appellate Division of the Supreme Court of the State of New York·Decided May 16, 1951·Published

Opinion

Appeal by claimant from a decision, within an award of the Workmen’s Compensation Board, which directed that the fee of his attorney should be fixed when a final award is made. The employer paid wages to claimant during his period of disability, and the board made an award of $296.80 to the employee as reimbursement. The case was continued. Appellant contends that the attorney’s fee should be fixed now and not deferred until a final award may be made. We think the matter was discretionary with the board under the statute (Workmen’s Compensation Law, § 24). As we view it the Meyer case (Matter of Meyer v. Meyer-Atlanta MarTcet, 270 App. Div. 787) has no application. Decision unanimously affirmed, without costs. Present — Foster, P. J., Brewster, Deyo, Bergan and Coon, JJ.

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Appeal by claimant from a decision, within an award of the Workmen’s Compensation Board, which directed that the fee of his attorney should be fixed when a final award is made. The employer paid wages to claimant during his period of disability, and the board made an award of $296.80 to the employee as reimbursement. The case was continued. Appellant contends that the attorney’s fee should be fixed now and not deferred until a final award may be made. We think the matter was discretionary with the board under the statute (Workmen’s Compensation Law, § 24). As we view it the Meyer case (Matter of Meyer v. Meyer-Atlanta MarTcet, 270 App. Div. 787) has no application. Decision unanimously affirmed, without costs. Present — Foster, P. J., Brewster, Deyo, Bergan and Coon, JJ.

Claim of Rubenfeld v. Department of Taxation & Finance, 278 A.D. 879, 104 N.Y.S.2d 431, 1951 N.Y. App. Div. LEXIS 5041 (N.Y. Ct. App. 1951).

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278 A.D. 879 (Claim of Rubenfeld v. Department of Taxation & Finance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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