Opinion
Argued September 13, 1989
Decided October 12, 1989
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Morris N. Lissauer for appellant.
Henrietta Frieder and Hugh O'Boyle for Isadore Rosen Sons and another, respondents.
Robert Abrams, Attorney-General (Howard B. Friedland, O. Peter Sherwood, Peter H. Schiff, Jane Lauer Barker and Theresa E. Wolinski of counsel), for Workers' Compensation Board, respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Justice Howard A. Levine at the Appellate Division ( 142 A.D.2d 177).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.