MATTER OF EISENBERG v. ERIE RAILROAD COMPANY

Award affirmed, with costs to the State Industrial Board. Hill, P.J., Crapser Bliss and Heffernan, JJ., concur; Rhodes, J., dissents, with a memorandum.

RHODES, J. (dissenting).

I dissent. The claimant worked substantially the whole of the year preceding his injury, but was a five-day worker. The wage rate should, therefore, be computed in accordance with subdivision 3 of section 14 Work. Comp. of the Workmen's Compensation Law. (See Matter of Remmert v. Weidenmeyer, 237 App. Div. 147; affd., 262 N.Y. ___.)