Opinion
Argued January 22, 1940
Decided March 5, 1940
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( Roy Wiedersum of counsel), for respondent.
Lester Lewis Jay and Philip F. Jacobs for appellant.
In the absence of proof that an employment certificate, vacation work permit or a certificate of age was on file in the place of claimant's employment (Labor Law [Cons. Laws, ch. 31], §§ 131, 132), it is no defense to a claim for double compensation under section 14-a of the Workmen's Compensation Law (Cons. Laws, ch. 67), by a claimant employed in violation of section 131 of the Labor Law, that the employer was not negligent in determining the age of the claimant at the time of employment. ( Matter of Davidowicz v. Klipstein, 272 N.Y. 543; Matter of Kociolowicz v. Tonawanda Corrugated Box Co., 252 App. Div. 716; leave to appeal denied, 276 N.Y. 689.)
The order should be affirmed, with costs.
LEHMAN, Ch. J., LOUGHRAN FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.
Order affirmed.