
    In the Matter of the Claim of Ernesto J. Cruz, Appellant. Amsterdam Nursing Home Corp., Respondent; Philip Ross, as Industrial Commissioner, Appellant.
    
      Argued January 11, 1982;
    decided February 9, 1982
    
      APPEARANCES OF COUNSEL
    
      Gary J. Grayson for claimant-appellant.
    
      Robert Abrams, Attorney-General {John Q. Driscoll, Shirley Adelson Siegel and Paul S. Shemin of counsel), for Philip Ross, as Industrial Commissioner, appellant.
    
      William S. Busch, Jeffrey Q. Smith and Kathy H. Chin for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (79 AD2d 1081; see, also, Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459).

Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jasen.  