Majority
p. 798In the Matter of the Claim for Hospital Expenses Incurred by Pauline Fraiman. Louis Fraiman, Respondent, against Mary Elizabeth’s and Another, Appellants. State Industrial Board, Respondent.
Award affirmed, with costs to the State Industrial Board. Davis, Hill and Hasbrouck, JJ., concur; Van Kirk, P. J., and Hinman, J., concur for award to a brother of the injured employee
p. 799
rather than to the employee, on the ground that this question is not raised; if it had been raised the award could not have been made. (Workmen’s Compensation Law, § 33; Sandberg v. Seymour Dress Co., Inc., 215 App. Div. 728 .)
Footnotes
- † † Revd., 249 N. Y. 609 .