MATTER OF PHILLIPS v. SPAULDING BAKERIES, INC

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

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the dissenting memorandum of Justice REYNOLDS in the Appellate Division.