Opinion
Argued May 9, 1927
Decided May 20, 1927
Appeal from the Supreme Court, Appellate Division, Third Department.
William E. Lyons, Barnett Cohen and Frank J. O'Neill for appellants.
Philip A. Sullivan for respondent.
The Appellate Division has remitted the claim to the State Industrial Board merely to reinstate the award to respondent in accordance with the opinions of the Appellate Division. No further hearing is contemplated. Appellant on the argument stipulates for such award in case of affirmance. The order may be regarded as a final order or an order for a new trial with stipulation for judgment absolute and subject to review in this court.
The order should be affirmed, with costs.
CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and O'BRIEN, JJ., concur; KELLOGG, J., not sitting.
Order affirmed, etc.