Opinion
Argued May 23, 1933
Decided June 6, 1933
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( John R. O'Hanlon of counsel), for State Industrial Board, appellant.
Arthur J.W. Hilly, Corporation Counsel ( J. Joseph Lilly of counsel), for The City of New York, amicus curiae. Lawrence S. Timen and Peter P. Corcoran for respondents.
Order of the Appellate Division reversed and award of the State Industrial Board reinstated, with costs in this court and in the Appellate Division on the ground that the item of $75 for surgical operation in Bellevue Hospital was a proper charge against the employer. No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.