Claim of Rayfield v. Mosheim — 21 A.D.2d 711

Majority

p. 711

In the Matter of the Claim of George Rayfield, Appellant, v. Ernest Mosheim et al., Respondents. Workmen’s Compensation Board, Respondent.

There was competent substantial evidence that the fire originated in the “sleeping area”, this from the testimony and report of a fire department battalion chief; and that claimant went to sleep while lying on his bed and smoking a cigarette, this from admissions which the board was entitled to credit. Thereupon it was properly found, in essence, that the fire and claimant’s resultant injuries, were caused solely by a personal act, unrelated to the employment. Decision affirmed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.