
    In the Matter of the Claim of Terry T. McKay, Respondent, v Town of West Seneca et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued February 10, 1977;
    decided March 24, 1977
    
      
      Mark W. Hamberger and Marvin H. Mason for appellants.
    
      John J. Gruber for claimant-respondent.
   Order reversed and the decision of the Workmen’s Compensation Board reinstated on the dissenting opinion by Mr. Justice A. Franklin Mahoney at the Appellate Division (51 AD2d 373, 377-381).

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judge Cooke dissents and votes to affirm on the opinion by Presiding Justice Harold E. Koreman at the Appellate Division (51 AD2d 373, 374-377). Taking no part: Judge Jasen.  