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MATTER OF NEW YORK LIFE INS. CO.

63 A.D.2d 1095 (1978)

In the Matter of New York Life Insurance Co., Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

June 22, 1978

We are concerned on this appeal with whether there is substantial evidence to sustain the board's determination that certain underwriters under contract to appellant New York Life were employees. Initially, we reject respondent's contention that pursuant to section 620 (subd 1, par [b]) of the Labor Law appellant is precluded from litigating the issue due to the fact that one Salzman, while an underwriter of appellant, was determined...

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