Opinion
Argued March 29, 1962
Decided April 5, 1962
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
F. Walter Bliss for appellants.
Louis J. Lefkowitz, Attorney-General ( Sylvia Livingston and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.
No appearance for Victoria Barrett, respondent.
Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that it appears that the death resulted solely from the intoxication of the injured employee while on duty (Workmen's Compensation Law, § 21, subd. 4). The autopsy revealed the presence of grain alcohol of 0.35% in his brain.