Legal Opinion · Concurrence
Claim of Caldwell v. Alliance Consulting Group, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2004Published
1Concurrence
Crew III, J.E, Spain and Mugglin, JJ., concur.
Lahtinen, J. (dissenting). I respectfully dissent. The issue on appeal is whether Workers’ Compensation Law § 16 (4-b) compels the conclusion that a father who abandoned his son shortly after the child’s birth and had virtually no contact with the child for nearly 30 years is nevertheless entitled to one half of the death benefit provided in such statute. Decedent’s life was tragically taken from him at the age of 30 when he perished as a result of terrorist attacks while he was working at the World Trade Center on September 11, 2001. The…
2Cases cited9 opinions
- Matter of RoussNew York Court of Appeals · 1917
- Rosner v. Metropolitan Property & Liability InsuranceNew York Court of Appeals · 2001
- MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002
- Dutchess County Department of Social Services v. DayNew York Court of Appeals · 2001
- Tompkins County Support Collection Unit v. ChamberlinNew York Court of Appeals · 2003
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