MTR. OF PELOW v. SORK ENTERS.


39 A.D.2d 494 (1972)

In the Matter of the Claim of Bernadine A. Pelow, Respondent, v. Sork Enterprises, Ltd., et al., Appellants, and David A. Monroe et al., Respondents. Workmen's Compensation Board, Respondent

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

November 1, 1972.


Attorney(s) appearing for the Case

Coulter, Fraser, Carr, Ames & Bolton (Henry S. Fraser of counsel), for appellants.

John Henry for Bernadine A. Pelow, respondent.

Robert J. Chojnacki for Uninsured Employers' Fund, respondent.

Louis J. Lefkowitz, Attorney-General (Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

GREENBLOTT, SWEENEY, SIMONS and REYNOLDS, JJ., concur.


HERLIHY, P. J.

This is an appeal by the alleged employer Sork Enterprises, Ltd., and its insurance carrier from a decision of the Workmen's Compensation Board, filed April 20, 1971, which found that Sork Enterprises, Ltd. was the employer of the claimant's decedent although said decedent had been originally employed by the respondent David Monroe.

It is not disputed that the actual hiring of the decedent was done by the respondent Monroe and that...

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