Majority
p. 744In the Matter of the Claim of Gertrude V. Lee, Appellant, and the Claim of The Commissioner of Taxation and Finance, against City of Batavia and Another, Respondents. State Industrial Board, Respondent.
Decision reversed, and matter remitted to the State Industrial Board for an award, with costs to the claimant against the Board, on the ground that the carrier consented to the settlement of the third party action orally and also in writing. Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ., concur.