Daley v. Board of Estimate

The proceeding is brought under article 78 of

the Civil Practice Act to review determinations made by the appellants holding, in effect, that the death of respondent’s husband did *166not result from, accidental injury sustained in the course of his employment and denying respondent’s application for accidental death benefits under the Hew York city employees’ retirement system.

The decedent was employed, and the accident upon which the claim was based occurred, in Queens county. The proceeding was commenced in that county. Appellants claim that the proceeding is maintainable only in a county…