Majority
p. 763In the Matter of the Claim of Ethlyn A. Kelly, Respondent, against Interborough Rapid Transit Company, Appellant. State Industrial Board, Respondent.
The Board has made an award based upon the actual earnings of the deceased employee for the year preceding the accident. The action of the Board was correct. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffeman, JJ.