Opinion
Argued September 20, 1966
Decided September 29, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Bernard F. Farley and Joseph M. Soviero for appellants.
Louis J. Lefkowitz, Attorney-General ( David Belson, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Matthew J. Sherlock, Jr., for claimant-respondent.
Order affirmed on the opinion at the Appellate Division, with costs. (See, also, Matter of Connelly v. Samaritan Hosp., 259 N.Y. 137; Matter of Stern v. Electrol, Inc., 4 A.D.2d 110, mot. for lv. to app. den. 3 N.Y.2d 707.) No opinion.
Concur: Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the dissenting opinion at the Appellate Division.