Appellate Division of the Supreme Court of New York, 1919

Claim of Cianoa v. West End Paper Co.

Appellate Division of the Supreme Court of New York · Decided June 30, 1919 · Woodward

188 A.D. 384; 177 N.Y.S. 913; 1919 N.Y. App. Div. LEXIS 7894

Counsel

Fitzsimmons & Archibald [Walter S. Archibald of counsel], for the appellants., Charles D. Newton, Attorney-General [E. C. Aiken, Deputy Attorney-General, of counsel], for the respondents.

Opinion of the Court

Woodward, J.:

The claimants’ son, Serefino Serafeine, was drowned, on the 20th day of August, 1917, while employed by the West End Paper Company, and the State Industrial Commission has made an award to both the father and mother, residing in Italy, of twenty-five per cent of his wages during dependency.

There is nothing in this case to distinguish it from that of Profeta v. Retsof Mining Co. (188 App. Div. 383), decided herewith, and it does not seem necessary to go over that ground again.

The award should be reversed and the claim remitted to the State Industrial Commission.

All concurred, except John M. Kellogg, P. J., dissenting.

Award reversed and matter remitted to the State Industrial Commission.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.