Opinion
Argued May 1, 1963
Decided May 29, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Louis J. Lefkowitz, Attorney-General ( John J. Quinn, Paxton Blair and Daniel Polansky of counsel), for appellant.
George J. Hayes and Joseph M. Soviero for respondents.
Order affirmed, with costs. Question certified not answered. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge DYE dissents and votes to reverse and to reinstate the award upon the authority of Matter of Klimas v. Trans Caribbean Airways ( 10 N.Y.2d 209).