The claim of the respondent for a refund of the contributions paid during the years 1936 and 1937 was barred by the provisions of the former subdivision 3 of section 523 of the Labor Law (Cons. Laws, ch. 31). (See now, § 516-a.)
The order of the Appellate Division should be modified accordingly and, as so modified, affirmed, without costs.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Ordered accordingly.