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Matter of Gentile v. E. Gallo Bros

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1934
242 App. Div. 734 (N.Y. App. Div. 1934)

Opinion

September, 1934.


The court declines to answer the question certified and the matter is remitted to the State Industrial Board for the following reasons: It does not appear that the parties interested have received notice of the presentation of said question to this court. An answer to the question would, therefore, not be binding upon the parties not present and would be advisory only. (See Matter of State Industrial Commission, 224 N.Y. 13.) Furthermore the question admits of one answer under one set of circumstances and a different answer under another, depending upon the situation and attitude of the employer and carrier, and it is, therefore, objectionable in form. (See McGowan v. Metropolitan Life Insurance Co., 259 N.Y. 454; Devlin v. Hinman, 161 id. 115; Grannan v. Westchester Racing Assn., 153 id. 449.) Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ., concur.


Summaries of

Matter of Gentile v. E. Gallo Bros

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1934
242 App. Div. 734 (N.Y. App. Div. 1934)
Case details for

Matter of Gentile v. E. Gallo Bros

Case Details

Full title:In the Matter of the Claim of AMELIA GENTILE, Claimant, against E. GALLO…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 1, 1934

Citations

242 App. Div. 734 (N.Y. App. Div. 1934)