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In the Matter of the Claim of Francis M. Smith, against Aerovane Utilities Corporation and Another, State Industrial Board
Award reversed and claim dismissed, for want of jurisdiction, with costs against the State Industrial Board (Matter of Cameron v. Ellis Construction Co., 252 N. Y. 394; Matter of Copeland v. Foundation Co., 231 App. Div. 781; revd., 256 N. Y. 568); and because the employee when injured was not in the course of his employment.
(Schultz v. Beaver Products Co., Inc., 223 App. Div. 582; affd., 250 N. Y. 565; Matter of Parisi v. Whitmore, Rauber & Vicinus, 230 App. Div. 140.) All concur, except Hill, J., who dissents and votes to affirm.