MATTER OF McDONALD


76 A.D.2d 976 (1980)

In the Matter of the Claim of James McDonald, Respondent. Chili Coin Center, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

June 12, 1980


Decision affirmed, without costs.

No opinion.

Kane, J. (dissenting).

Claimant solicited orders for appellant's wholesale hobby supply business. An Administrative Law Judge determined that his services did not constitute "employment" within the meaning of section 511 (subd 1, par [b], cl [1]) of the Labor Law and, on an appeal taken by the respondent Industrial Commissioner, the board agreed. Nevertheless, it found that claimant was an...

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