Opinion
Argued October 10, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
George J. Barbero and John M. Cullen for appellant.
S. Chandler Fraser and John F. McDonough for Crucible Steel Company of America and another, respondents.
No appearance for remaining respondents.
Order affirmed, with costs to respondents employer and carrier; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse and to reinstate the original decision of the Workmen's Compensation Board ( Matter of Norton v. New York State Dept. of Public Works, 1 N.Y.2d 844).