MATTER OF SCHEIBER v. SIMON CO

Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.

Concur: Judges BURKE, BERGAN, KEATING and BREITEL. Chief Judge FULD and Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim for the reasons stated in the dissenting opinion at the Appellate Division.