Opinion
Argued February 20, 1964
Decided March 26, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Kenneth Floyd and Philip J. Caputo for appellants.
Louis J. Lefkowitz, Attorney-General ( Jorge L. Gomez, Paxton Blair 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 DESMOND and Judges DYE, BURKE and SCILEPPI. Judges FULD and VAN VOORHIS dissent and vote to reverse and to dismiss the claim. Taking no part: Judge BERGAN.