*644Order 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.