N.Y. Workers' Compensation Law § 44: Liability of employer

§ 44. Liability of employer. The total compensation due shall be

recoverable from the employer who last employed the employee in the

employment to the nature of which the disease was due and in which it

was contracted. If, however, such disease, except silicosis or other

dust disease and compressed air illness or its sequelae, was contracted

while such employee was in the employment of a prior employer, the

employer who is made liable for the total compensation as provided by

this section, may appeal to the board for an apportionment of such

compensation among the several employers who since the contraction of

such disease shall have employed such employee in the employment to the

nature of which the disease was due. Such apportionment shall be

proportioned to the time such employee was employed in the service of

such employers, and shall be determined only after a hearing, notice of

the time and place of which shall have been given to every employer

alleged to be liable for any portion of such compensation. If the board

finds that any portion of such compensation is payable by an employer

prior to the employer who is made liable for the total compensation as

provided by this section, it shall make an award accordingly in favor of

the last employer, and such award may be enforced in the same manner as

an award for compensation.