Opinion
Argued October 10, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Solon J. Stone and Peter B. Schreier for appellant.
Louis J. Lefkowitz, Attorney-General ( Daniel Polansky, Paxton Blair and Roy Wiedersum 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: Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that it has not been shown to have been an occupational disease ( Matter of Detenbeck v. General Motors Corp., 309 N.Y. 558). Taking no part: Chief Judge DESMOND.