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MATTER OF PETELINZ

9 A.D.2d 828 (1959)

In the Matter of Edmund Petelinz et al., Doing Business as Petelinz Dairy, Appellants. Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 1959

The sole issue on appeal is whether the truckmen were employees or independent contractors. The parties operated under a written contract but the board had the power to look behind the terms of the written contract to determine the actual relationship between the parties (Matter of Clinton Builders Supply Corp. [Corsi], 283 App. Div. 830; Matter of Glielmi v. Netherland Dairy Co., 254 N.Y. 60). The record indicates...

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