Opinion
Decided June 9, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Patrick E. Harnedy for appellant.
John Clapper, III, for Chili Furniture Appliances and another, respondents.
Robert Abrams, Attorney-General ( Morris N. Lissauer of counsel), for Workers' Compensation Board, respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and the decision of the Workers' Compensation Board reinstated for reasons stated in the dissenting memorandum of Justice T. PAUL KANE at the Appellate Division ( 92 A.D.2d 974, 976).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.