Appeal by the City of New York, self-insured employer, from an award of the State Industrial Board, noticed on June 25, 1940.
The issue here presented was decided by this court in Matter of Hobbs v. Dairymen’s League Co-operative Association, Inc. (258 App. Div. 836).
Award affirmed, with costs.
Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur; Foster, J., dissents, in an opinion.