Opinion
Argued September 19, 1967
Decided October 24, 1967
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Peter B. Schreier and Solon J. Stone for Fidelity Casualty Company of New York, appellant.
Albert P. Thill for J.H. Williams Co. and another, appellants.
Louis J. Lefkowitz, Attorney-General ( Harry Rackow, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
No appearance for claimant-respondent.
Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the authority of Matter of Jordan v. Decorative Co. ( 230 N.Y. 522).