Majority
p. 969In the Matter of the Claim of Richard Eichler, Respondent, against Paradise Manor, Inc., and The Associated Indemnity Corp., Appellants. State
p. 970Industrial Board, Respondent.
The claimant was injured while working as a waiter in the employment where he had worked for ten years. He worked only two or three days a week. The days that he worked his wages were twelve dollars and seventy-seven cents a day. His compensation has been figured under subdivision 3 of section 14 of the Workmen’s Compensation Law, which was proper under the proof in this case. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Heffernan, Schenek and Foster, JJ.