MATTER OF DAUGHERTY


24 A.D.2d 919 (1965)

In the Matter of Frank M. Daugherty, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

November 23, 1965


TAYLOR, J.

During the period in issue appellant operated a public racing stable in connection with which he maintained a staff of regular employees which was augmented from time to time by extra help consisting, among others, of "hot walkers" whose duty it was to cool out horses which had been heavily exercised, a process requiring about 45 minutes. These employees received a flat fee of $3 for such services. It appears also that custom and practice dictated...

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