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  5. 40 N.Y.2d 1042 (1976)
 

MATTER OF NALLAN v. MOTION PICTURE STUDIO MECHS. UNION

40 N.Y.2d 1042 (1976)

In the Matter of the Claim of William Nallan, Jr., Respondent, v. Motion Picture Studio Mechanics Union, Local No. 52, et al., Appellants, and Nallan Associates, Inc., et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1976.

Attorney(s) appearing for the Case

Philip J. Caputo for appellants.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Charles J. Jones for Nallan Associates, Inc., and another, respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Under the instant facts it cannot be said that the respondent was an employee of the union at the time of the disabling incident. As a member of the union, he had been elected by the other union members to a position on the executive board but this certainly did not constitute employment. He received no compensation or salary for his functions as a board member other than a minimal stipend, ordered by the union...

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