Opinion
Argued January 10, 1979
Decided February 8, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Robert Abrams, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for appellant.
MacNeil Mitchell, Patrick J. Caulfield and Charles W. Muller for employer respondent.
No appearance for claimant-respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
We agree that there is not substantial evidence in the record to sustain the determination of the appeal board that the relationship between claimant and Equitable Life Assurance Society was that of employee-employer during the period January 1, 1974 through December 1, 1974.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.
Order affirmed.