Claim of Virkler v. B. R. De Witt, Inc.
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Appeal from an award of death benefits, appellants’ sole contention being that claimant was not a dependent. At the time of his death decedent was 31 years old and single. Claimant, his mother, was 68, had been widowed for 20 years, suffered from diabetes requiring regular medical treat*670ment, hospital tests and special diet, and had an income consisting of pension and social security payments aggregating $1,650 per year. On the basis of an assumption unsupported by evidence, appellants would add $360 to this amount to arrive at an annual income of $2,010; as against which they compute her…
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