MATTER OF HUTTER v. Town of Brookhaven

Ehman & Marino for petitioner. Philip J. Caputo for respondent. HAZLETON, Surrogate as Acting County Judge. This is a proceeding by the representative of a volunteer fireman to recover the sum of $3,000 under section 205 of the General Municipal Law upon the ground that deceased suffered accidental injuries resulting in his death while he was on his way with his fire company to attend the parade and bazaar of a neighboring fire company. The respondent, through its insurer, denies responsibility contending that the provisions of said section 205 are not applicable. I do not subscribe to such contention. parade and bazaar, he was clearly engaged in an act included within the purview of the protective provisions of subdivision 3 of section 205 of the General Municipal Law. It follows that the relief prayed for in the petition should be granted. Enter order accordingly on notice.