Opinion
Argued October 15, 1959
Decided December 30, 1959
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Charles Ward Brown for appellants.
Louis J. Lefkowitz, Attorney-General ( Daniel Polansky, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs to the Workmen's Compensation Board; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to dismiss the claim for the reasons stated by Justice HERLIHY in his dissenting memorandum in the Appellate Division.