Opinion
Argued October 11, 1973
Decided November 14, 1973
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Anne G. Kafka for appellants.
Louis J. Lefkowitz, Attorney-General ( Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
No appearance for claimant-respondent.
Order affirmed, with costs to the Workmen's Compensation Board, in the following memorandum: The record supports the board's determination that the accident arose out of and in the course of the employment. We do not, however, find record support, as the Appellate Division held, that the "decedent was within the class of `outside workers' entitled to the protection of the statute from portal to portal."
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.