
    In the Matter of the Claim of Victoria Barrett, Respondent, v. Al Charyn, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.
    Argued March 29, 1962;
    decided April 5, 1962.
    
      
      F. Walter Bliss for appellants.
    
      Louis J. Lefkowitz, Attorney-General (Sylvia Livingston and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.
    No appearance for Victoria Barrett, respondent.
   Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Burke and Foster. Judge Van Voorhis dissents and votes to reverse and to dismiss the claim upon the ground that it appears that the death resulted solely from the intoxication of the injured employee while on duty (Workmen’s Compensation Law, § 21, subd. 4). The autopsy revealed the presence of grain alcohol of 0.35% in his brain.  