Opinion
May 10, 1944.
Appeal from Unemployment Insurance Appeal Board.
Two issues are involved, (1) whether claimant was an employee or an independent contractor, and (2) if an employee, whether his employer was the appellant, Ted Collins Corporation, or the respondent, General Food Sales Co., Inc. There is sufficient legal evidence to sustain the finding of the Appeal Board that claimant was the employee of the appellant Ted Collins Corporation ( Matter of Morton, 284 N.Y. 167; Matter of Stork Restaurant, Inc., v. Boland, 282 N.Y. 256), and the decision of the Appeal Board should be affirmed. Decision affirmed, without costs. All concur.