Opinion
Submitted October 10, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Kenneth K. Floyd and Philip J. Caputo for appellants.
Louis J. Lefkowitz, Attorney-General ( Harry Rackow, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, BURKE and FOSTER. Judges FULD and VAN VOORHIS dissent and vote to reverse and to dismiss the claim on the dissenting memorandum of Justices HERLIHY and REYNOLDS at the Appellate Division.