MATTER OF KELLY


28 A.D.2d 786 (1967)

In the Matter of the Claim of Bernard H. Kelly, Respondent. Richards & Donahue, Inc., Appellant; Melzar Richards, Respondent; Martin P. Catherwood, as Industrial Commissioner, Respondent

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

June 28, 1967


HERLIHY, J.

The issue on this appeal is whether or not the record contains substantial evidence to support the finding that the appellant was the claimant's employer from May, 1962 to April, 1963. The board determined that Richards, the franchise dealer, was not an independent contractor, but an employee of the employer-appellant, and that the claimant, hired to assist him, was also its employee. (See Labor Law, § 560, subd. 2.) The evidence sustains...

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