Opinion
Argued January 14, 1974
Decided February 14, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
John M. Cullen and Herbert Lasky for State Insurance Fund, appellant.
Louis J. Lefkowitz, Attorney-General ( Jorge L. Gomez, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division. The court notes additionally that the Appellate Division properly interpreted the board's decision as one in which it made a conscious choice between conflicting testimony as to what was credible.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.