Opinion
Submitted October 3, 1933
Decided October 17, 1933
Appeal from the Supreme Court, Appellate Division, Third Department.
Jeremiah F. Connor for appellant.
John J. Bennett, Jr., Attorney-General ( Henry Epstein and John R. O'Hanlon of counsel), for State Industrial Board, respondent.
Order of the Appellate Division reversed and claim dismissed as against appellant insurance company, with costs against the State Industrial Board, on the ground that the work which claimant was doing at the time of his injury was not covered by the policy. No opinion.
Concur: POUND, Ch. J., LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Dissenting: CRANE and HUBBS, JJ.