Opinion
Argued April 30, 1964
Decided June 4, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
F. Walter Bliss for appellants.
Louis J. Lefkowitz, Attorney-General ( Julius Fell, Ruth Kessler Toch 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, FULD and BURKE. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the ground that as a matter of law decedent met his death solely as a result of intoxication. Taking no part: Judge BERGAN.