Claim of Lane v. Fort Neck Dredging Co.

*950Gibson, P. J., Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum per euriam. Herlihy, J., dissents and votes to reverse and dismiss in the following memorandum. The background of this case is set forth in the majority opinion. The general rule is that other than an outside worker, an employee is not within his employment in mere travel from Ms residence, temporary or otherwise, to the place of work. This rule has several exceptions, i.e.: if an employee receives travel p'ay for the travel, he is witMn his employment (see Matter of *951Fisher v. Otis Elevator Co., 28 A D 2d 598); if an…