Opinion
Argued November 20, 1963
Decided December 30, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Gerard L. Peace and Urban S. Mulvehill for appellants.
Louis J. Lefkowitz, Attorney-General ( Harry Rackow, Paxton Blair and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
No appearance for claimant-respondent.
Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that there is no substantial evidence that the award is based on any occupational disease.