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KERR v. JOHN B. PIKE & SON, INC.

112 A.D.2d 21 (1985)

Renford Kerr et al., Appellants, v. John B. Pike & Son, Inc., et al., as Copartners Doing Business Under the Firm Name and Style of Bell-Pike Northeast Partnership, Respondents. (Appeal No. 1.)

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

June 4, 1985

Order unanimously affirmed, without costs.

Memorandum:

Summary judgment was properly granted to defendant. The identity of plaintiff Renford Kerr's employer was an issue of fact determined by the Workers' Compensation Board by notice of decision designating the partnership as his employer, and plaintiff's recourse is to seek administrative review of the Board's determination (see, O'Rourke v Long, 41 N.Y.2d 219

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