Opinion
September 18, 1940.
Appeal from Unemployment Insurance Appeal Board.
The identical question was before the court in Matter of Levine v. Aluminum Cooking Utensil Co., Inc. ( 258 App. Div. 1023). This court held that Levine was an independent contractor and the decision was affirmed ( sub nom. Matter of Levine, 283 N.Y. 577). Determination reversed and claim dismissed, with costs to appellant against the Industrial Commissioner. Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.