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Petrozzino v. Monroe Calculating Machine Co.

Decided: October 23, 1964.

JOSEPH PETROZZINO, PETITIONER-APPELLANT,
v.
MONROE CALCULATING MACHINE COMPANY, INC., RESPONDENT-RESPONDENT



On appeal from the Division of Workmen's Compensation. On motion and cross-motion to dismiss appeal and cross-appeal.

Sugrue, J.c.c.

Sugrue

In this matter the Division of Workmen's Compensation determined that petitioner's wife died as a result of an occupational disease causally related to her employment, and also determined that an infant child of decedent was not a dependent.

Petitioner filed a notice of appeal on the question of dependency on August 15, 1964.

Respondent filed a cross-appeal in the Division of Workmen's Compensation and in the Essex County Clerk's office on September 3, 1964. The cross-appeal was sent to petitioner's attorney September 2, 1964. It is agreed that service of the notice of cross-appeal on petitioner's attorney be as of the date of September 4, 1964.

Petitioner has moved to dismiss the cross-appeal for the reason that respondent failed to complete the filing of same within 15 days after the notice of appeal was filed. R.R. 1:3-2 and 5:2-5(a).

Respondent has moved to dismiss petitioner's appeal for the reason that petitioner failed to file the transcript of the record below, as well as the brief embodying his contentions within time. R.R. 5:2-5(b) and (c).

R.R. 1:3-2, states:

"A cross appeal may be taken by serving and filing a notice of cross appeal within 15 days of the timely service of a notice of appeal."

R.R. 5:2-5 relates to workmen's compensation appeals. R.R. 5:2-5(a), insofar as it relates to the present question reads:

"* * * A cross appeal may be taken as provided in Rule 1:3-2."

R.R. 5:2-5(a) was amended September 3, 1958, to include the sentence concerning a cross-appeal. Prior to the amendment it was not clear as to the time limitation for the filing of a cross-appeal in a matter on appeal from the Workmen's Compensation Division to the County Court. ...


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