| N.Y. App. Div. | Jan 17, 1940

This is an appeal from an award made by the State Industrial Board. The claimant was engaged in painting a schoolhouse at the time the accident occurred. It is claimed by the employer-appellant that he was an independent contractor. The State Industrial Board has found he was an employee. The evidence sustains the finding of the State Industrial Board. Award unanimously affirmed, with costs to the State Industrial Board. Present —- Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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