Opinion
Argued September 17, 1976
Decided October 26, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
John M. Cullen and Herbert Lasky for State Insurance Fund, appellant.
Louis J. Lefkowitz, Attorney-General (Herman C. Emer, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 50 A.D.2d 954).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse for the reasons stated in the dissenting memorandum by Mr. Justice T. PAUL KANE at the Appellate Division.