Majority
p. 865In the Matter of the Claim of Mary Krajewski, Respondent, against Eagle Pencil Company and Another, Appellants. State Industrial Board, Respondent.
Appeal from an award of death benefits. Deceased’s wage rate was determined under subdivision 2 of section 14 of the Workmen’s Compensation Law. He had been working for his employer irregularly for a period of approximately six months before the accident and had been unemployed for the six months previous to that period. Deceased properly came within subdivision 2 of section 14. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.