Opinion
Submitted February 18, 1972
Decided March 16, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
John H. Roberts for appellants.
Louis J. Lefkowitz, Attorney-General ( Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON.
In my view, on the record before us, there is no substantial evidence to sustain the board's finding of 100% loss of claimant's use of his left eye. I would reverse and remand for further proceedings to determine the extent of partial loss sustained.