Opinion
Argued November 20, 1928
Decided December 4, 1928
Appeal from the Supreme Court, Appellate Division, Third Department.
Jeremiah F. Connor and William E. Lowther for appellants.
Albert Ottinger, Attorney-General ( E.C. Aiken of counsel), for respondent.
Order of the Appellate Division reversed and claim dismissed, with costs against the State Industrial Board in this court and in the Appellate Division on the authority of Lamport v. Siemons ( 235 N.Y. 311); no opinion.
Concur: CARDOZO, Ch. J., POUND, ANDREWS, KELLOGG and O'BRIEN, JJ. Dissent: CRANE and LEHMAN, JJ.