Opinion
Argued February 10, 1977
Decided March 24, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Mark W. Hamberger and Marvin H. Mason for appellants.
John J. Gruber for claimant-respondent.
Order reversed and the decision of the Workmen's Compensation Board reinstated on the dissenting opinion by Mr. Justice A. FRANKLIN MAHONEY at the Appellate Division ( 51 A.D.2d 373, 377-381).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge COOKE dissents and votes to affirm on the opinion by Presiding Justice HAROLD E. KOREMAN at the Appellate Division ( 51 A.D.2d 373, 374-377). Taking no part: Judge JASEN.