Malacarne v. City of Yonkers Parking Authority

The Workmen’s Compensation Board found that Maurice Malacarne was killed in the course of his employment. The Appellate Division held that he was not and, *190accordingly, reversed. For the reasons which follow, we believe its decision should be upheld.

The decedent’s usual job, as one of two part-time attendants who manned a Yonkers Raceway parking lot, was to jockey cars, collect parking fees and, shortly before its 11 p.m. closing time, deposit the evening’s proceeds in a bank located directly across the street. However, on January 23, 1971, having arranged for his coemployee to take sole…