Order affirmed, with $10 costs and disbursements.
No opinion.
Nolan, P. J., and Wenzel, J., dissent and vote to reverse and to deny the motion to confirm the report of the official referee, and to grant claimant's motion for leave to serve the notice of claim, with the following memorandum:
It must be conceded, on the record presented, that the appellant was, for a time during the ninety-day period following her accident, able to perform her duties...
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