Opinion
Argued September 30, 1930
Decided October 14, 1930
Appeal from the Supreme Court, Appellate Division, Third Department.
Frank L. Ward for appellants.
Hamilton Ward, Attorney-General ( George S. Kelly and E.C. Aiken of counsel), for respondent.
Order reversed and claim dismissed, with costs against the State Industrial Board in this court and the Appellate Division on the authority of Matter of Marks v. Gray ( 251 N.Y. 90); no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.