Opinion
Argued May 18, 1965
Decided May 27, 1965
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Allen J. Redlich and Powell Cooper for appellants.
Louis J. Lefkowitz, Attorney-General ( Jorge L. Gomez, Paxton Blair and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
No appearance for claimant-respondent.
Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim on the dissenting memorandum of Justice HERLIHY in the first appeal to the Appellate Division ( 18 A.D.2d 849). Taking no part: Judge BERGAN.