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  5. 33 A.D.2d 811 (1969)
 

MATTER OF KLOSNER

33 A.D.2d 811 (1969)

In the Matter of Dorothy Klosner, Respondent. Sperber Sales, Appellant; Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 1, 1969

REYNOLDS, J.

Whether claimant was an employee or an independent contractor, as appellant urges, is a factual issue, and thus the board's decision must be upheld if it is supported by substantial evidence (e.g., Matter of Chauffeurs Unlimited [Catherwood], 24 A.D.2d 1044). The instant record contains more than ample evidence of direction and control by the alleged employer to support the board's decision.

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