Opinion
Argued February 23, 1970
Decided April 8, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD J. BOOKHOUT, J.
Joseph Pozefsky for Charles H. Wright, appellant.
Thomas A. Vitanza for Clyde Johnson, appellant.
Charles D. Rappleyea for respondent.
Order affirmed, without costs, on the ground that the record, as a matter of law, established that the plaintiffs had not deviated from their line of duty (Volunteer Firemen's Benefit Law, § 5, subd. 1, par. i) and that their exclusive remedy is under the Volunteer Firemen's Benefit Law (§ 19).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge GIBSON.