Opinion
Argued April 10, 1940
Decided April 26, 1940
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( W. Gerard Ryan, Francis R. Curran and Henry Epstein of counsel), for appellant.
Harold L. Smith and Richard W. Hogue, Jr., for respondent.
Order affirmed, with costs against State Industrial Commissioner. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.