Opinion
Argued January 8, 1974
Decided February 13, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Robert Chojnacki, Albert D'Antoni and Martin Bergman for appellant.
Henry S. Fraser for Sork Enterprises, Ltd. and another, respondents.
Order affirmed, with costs, on the opinion by Presiding Justice HERLIHY at the Appellate Division.
Concur: Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS. Chief Judge BREITEL and Judge JASEN dissent and vote to reverse and to reinstate the determination of the Workmen's Compensation Board on the ground that there was substantial evidence before the board to support the determination that decedent was in reality an employee of Sork Enterprises, Ltd.