Opinion
Argued October 10, 1974
Decided November 14, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
John S. Hogg for appellant.
Robert W. Hillis for Borden Chemical Division Borden, Inc. and another, respondents.
Order affirmed, without costs. The issue on this record whether claimant was a five-day worker or a six-day worker was a question of ultimate fact although the underlying facts were undisputed, and, because there was substantial evidence supporting the board's finding that he was a five-day worker, its finding is invulnerable.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.