Supreme Court, Appellate Division, Third Department, New York.

KLOTZ
v.
GLUCKSTERN'S RESTAURANT, Inc., et al.


Jan. 14, 1947.


 Appeal from Workmen's Compensation Board.

 Proceeding under the Workmen's Compensation Law in the matter of the claim of
Irving Klotz, minor employee, against Gluckstern's Restaurant, Inc., employer,
and Employers Mutual Insurance Company, insurance carrier.  From a double award
by the Workmen's Compensation Board to employee as a minor who was unlawfully
required to operate a power machine, employer appeals.

 Award affirmed.


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Double award to a minor who was found to have been injured while operating an
electrically powered bread slicing machine in violation of the Labor Law was
affirmed as against contention that board erred in amount of wages used in
fixing award.  Labor Law, §  1 et seq.
 **248 Samuel Israel, of New York City, for claimant-respondent.

 Dreyer & Traub, of Brooklyn (Seymour C. Simon and Samuel Kirschenbaum, both of
Brooklyn, of counsel), for appellant Gluckstern.

 Price, Haskell & Rafferty, of New York City, for respondent employers.

 Nathaniel L. Goldstein, Atty. Gen., of New York City (Roy Wiedersum and Gilbert
M. Landy, Asst. Attys. Gen., of counsel), for Workmen's Compensation Board.


 Before HILL, P. J., and HEFFERNAN, BREWSTER, FOSTER, and RUSSELL, JJ.



 **249 PER CURIAM.

 *941 Employer appeals from a double award to a minor who was found to have been
injured while operating an electrically powered bread slicing machine, such
operation by the minor being in violation of the Labor Law.  The appellant
questions the amount of wages used in fixing the award.

 Award affirmed with costs to the Workmen's Compensation Board.

 All concur.

67 N.Y.S.2d 248, 271 A.D. 941

END OF DOCUMENT