Opinion
July, 1934.
Award affirmed, with costs to the State Industrial Board against the appellant. Rhodes, McNamee and Heffernan, JJ., concur; Hill, P.J., dissents; Crapser, J., dissents and votes to reverse the award and to dismiss the claim on the authority of Matter of Quirk v. Erie Railroad Co. ( 235 N.Y. 405) and Matter of N.Y. Central R.R. Co. v. Carr ( 238 U.S. 261).