Opinion
Argued October 16, 1952
Decided November 20, 1952
Appeal from the Supreme Court, Appellate Division, Third Department.
John F. Gates for appellants.
Nathaniel L. Goldstein, Attorney-General ( Roy Wiedersum and Wendell P. Brown of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DYE, FULD and FROESSEL, JJ.
LEWIS and DESMOND, JJ., dissent and vote to reverse and dismiss the claim on the ground claimant, an executive officer of the employer, excluded himself from compensation coverage pursuant to and in accordance with subdivision 6 of section 54 of the Workmen's Compensation Law, as it then read.