Matter of Taylor v Aon Corp. (2005 NY Slip Op 06364)

Matter of Taylor v Aon Corp.

2005 NY Slip Op 06364 [21 AD3d 683]

August 11, 2005

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 12, 2005

In the Matter of the Claim of Sarah Taylor, on Behalf of Donnie Taylor Jr. et al., Infants, Appellant, v Aon Corporation et al., Respondents. Workers' Compensation Board, Respondent.

—[*1]Appeal from a decision of the Workers' Compensation Board, filed May 24, 2004, which granted death benefits to decedent's domestic partner.

Claimant, the ex-wife of decedent, who was killed in the World Trade Center attacks on September 11, 2001, applied for death benefits on behalf of their two children. She raises constitutional challenges to Workers' Compensation Law § 4 following a decision of the Workers' Compensation Board awarding death benefits to decedent's domestic partner to the financial detriment of her children. Since the facts and arguments being raised in this case are indistinguishable from those raised and decided by this Court in Matter of Novara v Cantor Fitzgerald, LP (20 AD3d 103 [2005]),^[FN*] the decision of the Workers' Compensation [*2]Board is affirmed.

Mercure, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

Footnotes

Footnote *: Notably, the same attorney represents claimant in this proceeding and the claimant in Matter of Novara v Cantor Fitzgerald, LP (supra) and submitted virtually identical briefs in both cases.