
    In the Matter of the Claim of Mrs. James Fasulo and Another, Respondents, against Denning’s Point Brick Works and American Mutual Liability Insurance Company, Appellants. State Industrial Board, Respondent.
   An award has been made to a dependent father and mother of a deceased employee who died as the result of an assault committed upon him by Baker, a coemployee. The latter has been convicted of murder, second degree. The evidence sustains the finding that the altercation arose out of and in the course of the employment and that the convict Baker was the aggressor. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenck and Foster, JJ.  