Opinion
Argued January 11, 1982
Decided February 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Gary J. Grayson for claimant-appellant.
Robert Abrams, Attorney-General ( John Q. Driscoll, Shirley Adelson Siegel and Paul S. Shemin of counsel), for Philip Ross, as Industrial Commissioner, appellant.
William S. Busch, Jeffrey Q. Smith and Kathy H. Chin for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 79 A.D.2d 1081; see, also, Kurcsics v Merchants Mut. Ins. Co., 49 N.Y.2d 451, 459).
Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge JASEN.