Appellate Division of the Supreme Court of New York, 1937

Claim of Kociolowicz v. Tonawanda Corrugated Box Co.

Claim of Kociolowicz v. Tonawanda Corrugated Box Co.
Appellate Division of the Supreme Court of New York · Decided September 29, 1937
252 A.D. 716; 298 N.Y.S. 844; 1937 N.Y. App. Div. LEXIS 5853
Claim of Kociolowicz v. Tonawanda Corrugated Box Co.

Opinion of the Court

Appeal by employer from a double death benefits award made by the State Industrial Board pursuant to the provisions of the Workmen’s Compensation Law in favor of the dependent parents of the deceased employee. It is conceded that the deceased was a minor under eighteen years of age and was employed in violation of section 171 of the Labor Law in that he was permitted to work more than forty-eight hours a week. It is also conceded that he was employed in violation of the Labor Law in that the proper working papers had not been obtained from the public school authorities. Award unanimously affirmed, with costs to the State Industrial Board. The court has considered and passed upon the constitutional question raised by the appellant. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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