
    In the Matter of the Claim of the Treasurer of the State of New York, Respondent, against Niagara Falls Power Company et al., Appellants. State Industrial Board, Respondent.
    
      Workmen's compensation — election of dependent of workman killed in the course of his employment to proceed against third parties — when award properly made to State Treasurer.
    
    
      Matter of Treasurer of State of New York v. Niagara Falls Power Co., 214 App. Div. 751, affirmed.
    (Argued October 6, 1925;
    decided October 20, 1925.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 12, 1925, unanimously affirming an award of the State Industrial Board, made under the Workmen’s Compensation Law, to the State Treasurer for the death of an employee of the defendant Niagara Falls Power Company as the result of injuries received in the course of his employment. The widow and children of decedent elected to proceed against third parties for negligence and recovered more than the commuted value of their claim for compensation. The question was whether the State Treasurer was entitled to an award under subdivisions 7 and 8 of section 15 of the Workmen’s Compensation Law.
    
      F. A. W. Ireland for appellants.
    
      Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  