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Matter of Stern v. Electrol, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Apr 4, 1963
18 A.D.2d 1117 (N.Y. App. Div. 1963)

Opinion

April 4, 1963

Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.


It is conceded that July 14, 1953 was the last day upon which the claim for reimbursement could be timely "filed" (Workmen's Compensation Law, § 15, subd. 8, par. [f]) and appellants contend that the statute was complied with by mailing of the claim on that day; with the result that it was received by the board, and by the Fund as well, on July 15, 1953. The term "filed" as used in the section cited cannot properly be equated with "mailed" or "served by mail". The distinction is substantial and material in legal meaning and effect and in common parlance as well. (See, e.g., Matter of Cheesman v. Cheesman, 236 N.Y. 47, 49, and Appellate Division decision, 203 App. Div. 533, 535-536, revd. on other grounds 236 N.Y. 47, supra; Albany Bldrs. Supply Co. v. Eastern Bridge Structural Co., 235 N.Y. 432, 437; Sweeney v. City of New York, 225 N.Y. 271, 275.) Decision unanimously affirmed, with costs to respondent Special Disability Fund.


Summaries of

Matter of Stern v. Electrol, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Apr 4, 1963
18 A.D.2d 1117 (N.Y. App. Div. 1963)
Case details for

Matter of Stern v. Electrol, Inc.

Case Details

Full title:In the Matter of the Claim of JULES STERN, Respondent, v. ELECTROL, INC.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 4, 1963

Citations

18 A.D.2d 1117 (N.Y. App. Div. 1963)
238 N.Y.S.2d 1005

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