Opinion
Argued September 19, 1967
Decided September 28, 1967
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Albert P. Thill for appellants.
John J. Fischer and John M. Cullen for Special Disability Fund, respondent.
No appearance for remaining respondents.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL. Judges VAN VOORHIS, BURKE and KEATING dissent and vote to reverse and to reinstate the decision of the Workmen's Compensation Board on the ground that there is substantial evidence in this record to support the finding of the Referee, affirmed by the board, that the date of disability was February 1, 1964, which would make the claim for reimbursement timely.