Opinion
Argued January 4, 1961
Decided January 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
George J. Hayes, Charles G. Tierney and Morris N. Lissauer for appellants.
Louis J. Lefkowitz, Attorney-General ( Gilbert M. Landy, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs to the Workmen's Compensation Board; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD and FROESSEL. Judges VAN VOORHIS and BURKE dissent and vote to reverse and to dismiss the claim upon the authority of Matter of Congdon v. Klett ( 307 N.Y. 218). Taking no part: Judge FOSTER.