
    In the Matter of the Claim of John E. Smith, Respondent, against Surf Apartments et al., Appellants. State Industrial Board, Respondent.
    (Argued February 11, 1930;
    decided March 18, 1930.)
    
      Jeremiah F. Connor and William E. Lowther for appellants.
    
      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order of the Appellate Division reversed and claim dismissed, with costs against the State Industrial Board in the Appellate Division and this court, on the authority of Matter of Hynes v. Pullman Co. (223 N. Y. 342); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.  