Opinion
Argued May 24, 1933
Decided June 13, 1933
Appeal from the Supreme Court, Appellate Division, Third Department.
Frank L. Ward for appellant.
John J. Bennett, Jr., Attorney-General ( Roy Wiedersum, John R. O'Hanlon, Hector A. Robichon and Henry Epstein of counsel), for State Industrial Board, respondent.
Order of the Appellate Division reversed and claim dismissed as against the appellant, with costs against the State Industrial Board, on the ground that the work which claimant was doing at the time of his injury was not covered by the policy. No opinion.
Concur: LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Dissenting: POUND, Ch. J., and CRANE, J. Not sitting: HUBBS, J.