MATTER OF D & E CATERING CO., INC.


33 A.D.2d 1075 (1970)

In the Matter of D & E Catering Company, Inc., et al., Appellants. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

February 16, 1970


GREENBLOTT, J.

The issue presented is whether there is substantial evidence in the record to sustain the board's determination that the lunch wagon drivers engaged by appellants were employees rather than independent contractors. The board's finding that "the contractual reservations of supervision, operation, and control * * * created the relationship of employment as a matter of law" is supported by substantial evidence. In the Three-D Plus One, Inc...

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