Majority
p. 704In the Matter of the Claim of John Leveski, Appellant, v Dic Underhill Joint Venture et al., Respondents. Workers’ Compensation Board, Respondent. Decided November 24, 1981
p. 705
APPEARANCES OF COUNSEL
Victor Pasternack for appellant.
p. 706
Raymond. C. Green and Victoria Manes for State Insurance Fund, respondent.
Robert Abrams, Attorney-General, for Workers’ Compensation Board, respondent.
OPINION OF THE COURT
On summary consideration, order reversed, with costs, and the matter remitted to the Appellate Division, Third Department, with directions to remand for a hearing, for the reasons stated in the dissenting memorandum of Justice Ann T. Mikoll at the Appellate Division.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.