Opinion
Argued October 1, 1969
Decided October 9, 1969
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Stanley Sher for appellant.
Daniel Powell and Arthur B. Erenstoft for J.J. Newberry Co. and another, respondents.
No appearance for Workmen's Compensation Board, respondent.
Order affirmed, without costs, on the opinion at the Appellate Division. No opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BREITEL and JASEN. Judges BURKE and BERGAN dissent and vote to reverse and reinstate the decision of the Workmen's Compensation Board on the dissenting opinion at the Appellate Division. Taking no part: Judge GIBSON.