Opinion
September, 1928.
Award affirmed, with costs to the State Industrial Board. Davis, Hill and Hasbrouck, JJ., concur; Van Kirk, P.J., and Hinman, J., concur for award to a brother of the injured employee
[†] Revd., 249 N.Y. 609. rather than to the employee, on the ground that this question is not raised; if it had been raised the award could not have been made. (Workmen's Compensation Law, § 33; Sandberg v. Seymour Dress Co., Inc., 215 App. Div. 728.)