Award affirmed, with costs to the State Industrial Board. Davis, Hill and Hasbrouck, JJ., concur; Van Kirk, P. J., and Hinman, J., concur for award to a brother of the injured employee *799rather than to the employee, on the ground that this question is not raised; if it had been raised the award could not have been made. (Workmen’s Compensation Law, § 33; Sandberg v. Seymour Dress Co., Inc., 215 App. Div. 728.)
Revd., 249 N. Y. 609.