Opinion
December 29, 1949.
Appeal from Workmen's Compensation Board.
Appellants' principal contention is that as to them the board lacked jurisdiction because claimant's place of employment, wherein his injury occurred which has been found as the basis of their liability, was at a fixed location in a sister State (Connecticut). We find this question presented by timely appeal. Under the undisputed evidence as viewed most favorably to uphold the board's finding upon all questions of fact, there is no evidence to sustain the board's finding of jurisdiction. The evidence establishes that the place of claimant's employment at the time of the injury in question was outside the State of New York. ( Matter of Cameron v. Ellis Constr. Co., 252 N.Y. 394; Matter of Copeland v. Foundation Co., 256 N.Y. 568; Matter of Amaxis v. Vassilaros, Inc., 258 N.Y. 544; Matter of Zeltoski v. Osborne Drilling Corp., 264 N.Y. 496; Matter of Bagdalik v. Flexlume Corp., 281 N.Y. 858; Matter of Jensen v. Boudin Contr. Corp., 283 N.Y. 572; see, also, Matter of Grasso v. Donaldson-Reynolds, Inc., 279 N.Y. 584; Matter of Adams v. Solomon Co., 265 App. Div. 427, and Matter of Bauss v. Cons. Chimney Co., 270 App. Div. 70.) Decision and award, insofar as appealed from, reversed, claim dismissed as against appellants and remainder of award remitted for amendment and adjustment, with costs to appellants against the Workmen's Compensation Board. Foster, P.J., Brewster, Deyo and Bergan, JJ., concur; Heffernan, J., dissents and votes to affirm.