Opinion
Argued January 9, 1934
Decided January 23, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
Herbert F. Hastings, Jr., and Everett F. Warrington for appellants.
John J. Bennett, Jr., Attorney-General ( H.A. Robichon of counsel), for State Industrial Board, respondent.
Order of the Appellate Division and award of the State Industrial Board reversed, and claim dismissed, with costs in all courts against the State Industrial Board, on the authority of Matter of Proper v. Polley Bros. ( 233 App. Div. 621; affd., 259 N.Y. 516). No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.