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  5. 16 N.Y.2d 696 (1965)
 

MATTER OF HAMILTON v. TRANSP. WORKERS UNION OF GREATER NEW YORK

16 N.Y.2d 696 (1965)

In the Matter of John Hamilton, Respondent, v. Transport Workers Union of Greater New York, Local 100, et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1965.

Attorney(s) appearing for the Case

Kenneth K. Floyd and Philip J. Caputo for appellants.

Louis J. Lefkowitz, Attorney-General (Julius Fell, Paxton Blair and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN. Dissent: Judges VAN VOORHIS and SCILEPPI.

Order affirmed, with costs to respondent Workmen's Compensation Board.

Judges VAN VOORHIS and SCILEPPI dissent in the following memorandum: An employee cannot obtain workmen's compensation if he is injured in the course of doing a thing forbidden by his employer (Matter of Hyatt v. United States Rubber Reclaiming Co., 256 N.Y. 571, affg. 230 App. Div. 743; Matter of Boggan v. Abby Finishing Co.,

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