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MATTER OF BASIN ST. (LUBIN)

6 N.Y.2d 276 (1959)

In the Matter of Basin Street, Incorporated, Respondent. Isador Lubin, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair, Samuel Stern and Harold F. Lee of counsel), for appellant.

No appearance for respondent.

Emanuel L. Gordon for American Federation of Musicians of the United States and Canada, amicus curiæ.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE concur with Judge FROESSEL; Judge VAN VOORHIS dissents and votes to affirm.

FROESSEL, J.

The issue before us is whether there is substantial evidence in the record to support the determination of the Unemployment Insurance Appeal Board (hereinafter called the Board) that union musicians who performed in a night club operated by Basin Street, Inc. (hereinafter called the operator) were not employees of the establishment which hired them. The Industrial Commissioner determined they...

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