Opinion
May 4, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
The only question presented is whether the board correctly determined that claimant's status was an employee rather than that of an independent contractor. Claimant, a variety artist, a ballet dancer, was injured while performing her act as a part of the floor show at her employer's night club or restaurant. She was engaged by written contract for one week at a stipulated sum. There was some evidence of the employer's supervision and control over claimant as to the time and placement of her presentation and in co-operating with its musical accompaniment. This, together with the provisions of her contract and the rules and regulations of her labor union, incorporated therein by reference, sustains the decision of the board. ( Matter of Hearn v. Madison Square Garden Corp., 223 App. Div. 804; Matter of Roseland Amusement Co. [ Corsi], 269 App. Div. 713, affd. 295 N.Y. 913.) Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.