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  5. 50 N.Y.2d 964 (1980)
 

MATTER OF DINEEN

50 N.Y.2d 964 (1980)

In the Matter of the Claim of John W. Dineen, Respondent. Eagan Real Estate, Inc., Respondent. Philip Ross, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided June 24, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Grace A. Brannigan and Paul S. Shemin of counsel), for appellant.

David W. Larrison and Robert A. Small for Eagan Real Estate, Inc., respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board should be reinstated.

There was substantial evidence to sustain the finding of the referee, affirmed by the Unemployment Insurance Appeal Board, that Dineen was an employee rather than an independent contractor. There was evidence that it was a matter of choice with the individual...

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