Majority
p. 767In the Matter of the Claim of Luis Hernandez, Respondent, against Harry
p. 768Weinstock and 923 Columbus Avenue Corporation, Respondents. The Fidelity and Casualty Company of New York, Appellant; State Industrial Board, Respondent.
Award against the employers affirmed. Award against the insurance carrier reversed and claim dismissed, with costs to the insurance carrier against the State Industrial Board, on the ground that there is no proof showing this claimant was covered by the policy, and that subdivision 4 of section 54 of the Workmen’s Compensation Law, as amended by chapter 754 of the Laws of 1928, was not in effect when the accident happened. Van Kirk, P. J., Hinman, Hill, Rhodes and Crapser, JJ., concur.