Opinion
Argued October 20, 1965
Decided October 28, 1965
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Allen Redlich and Powell Cooper for appellants.
Louis J. Lefkowitz, Attorney-General ( Julius Fell, Ruth Kessler Toch and Daniel Polansky 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: Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the dissenting opinion of Justice REYNOLDS at the Appellate Division.