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In re the Claim of Watz

46 N.Y.2d 876 Court N.Y. Decision date 1979-02-08 English

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p. 876
In the Matter of the Claim of Rudy Watz, Respondent. Equitable Life Assurance Society of the United States, Respondent. Philip Ross, as Industrial Commissioner, Appellant.
Argued January 10, 1979;
decided February 8, 1979
p. 877
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for appellant.
MacNeil Mitchell, Patrick J. Caulñeld and Charles W. Muller for employer respondent.
No appearance for claimant-respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree that there is not substantial evidence in . the record to sustain the determination of the appeal board that the relationship between claimant and Equitable Life Assurance Society was that of employee-employer during the period January 1, 1974 through December 1, 1974.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.