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MATTER OF PRESTON

48 A.D.2d 713 (1975)

In the Matter of Robert Preston, Respondent. Morton Tate, Doing Business as Handicapped Enterprises, Appellant, and Louis L. Levine, as Industrial Commissioner, Respondent

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

May 1, 1975

The sole issue presented on this appeal is whether there is substantial evidence to support the board's determination that claimant, a door-to-door jewelry salesman, was an employee and not an independent contractor. The present record reveals that claimant answered appellant's newspaper ad, which read, "Boys over 16. No experience is necessary. Average $3 to $5 an hour." Claimant applied for the job, was given a one-day training...

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