Appellate Division of the Supreme Court of the State of New York November 22, 1944 (Claim of De Moranville v. Albany Seed Co.)

Appeal from * decision of the State Industrial Board rescinding *946previous decisions and restoring the case to the calendar for further consideration on the question of deficiency compensation. Claimant was injured and paid compensation for eight weeks. He then elected to sue a third party and commenced an action. His compenation case was marked “ closed pending third party action”.