Opinion
Submitted April 18, 1961
Decided April 27, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
A.S. Hore, Jr., and Francis T. Esposito for appellants.
Louis J. Lefkowitz, Attorney-General ( Roy Wiedersum and Henriette Frieder of counsel), for respondent.
Order affirmed, with costs to the 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 dissenting memorandum of Justices HERLIHY and REYNOLDS in the Appellate Division.