Opinion
Submitted February 28, 1963
Decided March 28, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Albert P. Thill for appellants.
Louis J. Lefkowitz, Attorney-General ( Jorge L. Gomez, Paxton Blair and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the dissenting memorandum of Justice REYNOLDS in the Appellate Division.