Opinion
November 28, 1951.
By an order of this court entered in July, 1951, a decision and award of the Workmen's Compensation Board in claimant's favor was reversed and the claim dismissed upon the ground that the claim was not timely filed ( 278 App. Div. 989). Reargument of the appeal was granted ( 278 N.Y. 1028 ) at our September Term upon the showing of an earlier, 1947, amendment to section 28 of the statute (Workmen's Compensation Law) extending the time for the filing of claims, than the amendment upon which our former decision was based. The amendment which was overlooked was made by chapter 77 of the Laws of 1947, effective March 8th of that year, and thereunder claimant's claim was filed timely. The former decision of reversal and the order entered thereon on July 11, 1951, is vacated and set aside, the claim reinstated and the decision and award appealed from affirmed, with costs to the Workmen's Compensation Board. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur. [See post, p. 967.]