Opinion
Argued January 9, 1934
Decided January 23, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
William Warren Dimmick and Samuel Israel for Wilson Company, appellant.
John J. Bennett, Jr., Attorney-General ( John R. O'Hanlon and Henry Epstein of counsel), for State Industrial Board, appellant.
William B. Davis and E.C. Sherwood for The Travelers Insurance Company, respondent.
Order of the Appellate Division reversed and award of the State Industrial Board affirmed, with costs in this court and in the Appellate Division against the insurance carrier. The finding of the State Industrial Board that the payments were advancements of compensation should not be disturbed. (Workmen's Compensation Law [Cons. Laws, ch. 67], § 23.) The State Industrial Board had authority to make the award. (Workmen's Compensation Law, § 25.) No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.