
    In the Matter of the Claim of Cornelius Lipsky, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.
    Submitted June 2, 1975;
    decided June 16, 1975
    
      
      Stephen D. Smyk for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.
   Concur: Chief Judge Breitel and Judges Jasen, Gabrielli and Wachtler. Judges Jones and Fuchsberg dissent and vote to reverse on the dissenting opinion by Presiding Justice J. Clarence Herlihy at the Appellate Division. Taking no part: Judge Cooke.  