Opinion
Argued October 30, 1963
Decided November 21, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
George J. Hayes and Joseph M. Soviero for appellants.
Louis J. Lefkowitz, Attorney-General ( Daniel Polansky and Paxton Blair 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, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that there is no substantial evidence that this death arose out of and in the course of decedent's employment.