The question of whether an employment relationship existed between Masheb and appellant is factual, and thus for us to disturb the board's decision we must find, on the basis of the record before us that, as a matter of law, no employment relationship existed (Labor Law, § 623; e.g., Matter of Stork Restaurant v. Boland, 282 N.Y. 256, 267). The finding of an employment relationship is not necessarily proscribed by the fact that...
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