Matter of Seamon v. Landstrom Gravel Co.

Full title: In the Matter of the Claim of CARL E. SEAMON, Respondent, v. LANDSTROM…

Court: Court of Appeals of the State of New York

Date published: Dec 13, 1979

401 N.E.2d 213 (N.Y. 1979)

401 N.E.2d 213

425 N.Y.S.2d 91

Opinion

Argued November 19, 1979

Decided December 13, 1979

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Robert Eckelberger, Jr., for appellants.

Robert Abrams, Attorney-General (Morris N. Lissauer, Shirley Adelson Siegel and Henriette Frieder of counsel), for Workers' Compensation Board, respondent.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 65 A.D.2d 877). Even though the board's determination is not unanimous, there must be an affirmance if there is substantial evidence to sustain its determination.

Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judges JASEN and MEYER dissent and vote to reverse for reasons stated in the dissenting memorandum by Mr. Justice ROBERT G. MAIN at the Appellate Division ( 65 A.D.2d 877-878).