Per Curiam.
Order dated June 18, 1976 (SHAPIRO, J.), affirmed with $10 costs. The propriety of Judge SHAPIRO'S construction of subdivision 1 of section 29 Work. Comp. of the Workmen's Compensation Law has only recently been confirmed by the Court of Appeals in Becker v Huss Co. ( 43 N.Y.2d 527 and cases decided simultaneously therewith).
Concur: HUGHES, J.P., TIERNEY and RICCOBONO, JJ.