Legal Opinion

Matter of Miller v. State

New York Court of Appeals

Decided November 29, 1938PublishedCited by 12 opinions

1Opinion of the CourtRippey, J.

The claimant, at the time of his injury on November 7, 1934, was employed as recording clerk in the office of the Register of the county of New York. He received accidental injuries resulting in total temporary disability while lifting and cleaning a typewriter. It was correctly found by the Industrial Board that his injuries arose out of and in the course of his employment. Solely a question of law is presented upon this appeal as to whether claimant was, at the time of the injuries, a State or a county employee.

The Industrial Board held that claimant was a State employee so as to be…

2Cases cited4 opinions

  1. Chittenden v. . WursterNew York Court of Appeals · 1897
  2. Olmsted v. . MeahlNew York Court of Appeals · 1916
  3. Albert v. City of New YorkNew York Court of Appeals · 1937
  4. Sullivan v. Mayor, Aldermen & CommonaltyNew York Court of Common Pleas · 1874

3Cited by12 opinions

  1. Kelley v. McGeeNew York Court of Appeals · 1982
  2. Cassella v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1953
  3. Claim of Winkler v. Sheriff of Queens CountyAppellate Division of the Supreme Court of the State of New York · 1939
  4. Claim of Kelly v. Commissioner of RecordsAppellate Division of the Supreme Court of the State of New York · 1939
  5. Shanley v. LeonardNew York Supreme Court · 1976

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