Order affirmed, with costs to the Workmen’s Compensation Board; no opinion.
Concur; Chief Judge Desmond and Judges Dye, Fuld and Froessel. Judges Van Voorhis and Bxjrke dissent and vote to reverse and to dismiss the claim upon the authority of Matter of Congdon v. Klett (307 N. Y. 218). Taking no part: Judge Foster.