Opinion
October 24, 1967
MEMORANDUM BY THE COURT. Appeal from a decision which disallowed the claim on the ground that decedent's fatal automobile accident did not arise out of and in the course of his employment. All the evidence on the subject was to the effect that attendance at the picnic conducted by the teachers' association was voluntary. There was no showing of any sponsorship, participation or contribution by the employer; nor was there any proof that the employer derived any advantage or benefit from it. (See Matter of Koperda v. Waterbury Sons Co., 27 A.D.2d 968.) With respect to the decedent's visit to the Spenard home, sometime following the picnic, it was within the board's authority to find, as it did, that "on the credible evidence * * * the gathering at the co-employee's home was purely social." (See Matter of Leigh v. J.J. Dix, Inc., 284 App. Div. 919, mot. for lv. to app. den. 308 N.Y. 1049.) Decision affirmed, without costs. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.