MATTER OF McKAY v. TOWN OF WEST SENECA

Order reversed and the decision of the Workmen's Compensation Board reinstated on the dissenting opinion by Mr. Justice A. FRANKLIN MAHONEY at the Appellate Division ( 51 A.D.2d 373, 377-381).

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge COOKE dissents and votes to affirm on the opinion by Presiding Justice HAROLD E. KOREMAN at the Appellate Division ( 51 A.D.2d 373, 374-377). Taking no part: Judge JASEN.