Claim of Kelly v. Commissioner of Records

Upon the theory that claimant was a State employee, an award has heretofore been made him against the State as compensation for disability arising from an accidental injury received in his employment as a clerk and laborer in the office of the commissioner of records of the Surrogate’s Court of New, York county. The award was affirmed by this court. (255 App.' Div. 743.) Motion for reargument was granted (256 App. Div. 870) to permit consideration of Matter of Miller v. State (279 N. Y. 74) and Matter of Daly v. Board of Elections of City of New York (Id. 743). In the Miller case it was…