Opinion
Argued January 8, 1964
Decided January 23, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Theodore T. Weiser, Allen Redlich and Powell Cooper for appellants.
Louis J. Lefkowitz, Attorney-General ( Daniel Polansky and Paxton Blair 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, FULD, BURKE and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that it is barred, as matter of law, by section 40 of the Workmen's Compensation Law. Taking no part: Judge BERGAN.