Opinion
Argued October 13, 1955
Decided January 12, 1956
Appeal from the Supreme Court, Appellate Division, Third Department.
Edward L. Robinson, Jr., Abel Klaw, William M. Fay, Solon J. Stone and William A. Bain, Jr., for appellant.
Jacob K. Javits, Attorney-General ( Daniel Polansky, James O. Moore, Jr., and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent. George J. Hayes, Bernard Katzen and Victor Fiddler for Buffalo Stainless Casting Corporation and others, respondents.
Order affirmed, with costs; no opinion.
Concur: CONWAY, Ch. J., DESMOND, FULD and BURKE, JJ. FROESSEL and VAN VOORHIS, JJ., dissent and vote to reverse upon the ground that there is no substantial evidence indicating that the death of claimant's husband was caused by his employment with E.I. du Pont de Nemours Company, Incorporated. Taking no part: DYE, J.