SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
December 18, 1969
IN THE MATTER OF THE CLAIM OF ARTHUR PIETZ, APPELLANT,
ROBERT LEGEWITT ET AL., RESPONDENTS. WORKMEN'S COMPENSATION BOARD, RESPONDENT
Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur in memorandum by the court.
Memorandum by the Court. Appeal by the claimant from a decision of the Workmen's Compensation Board, filed August 2, 1965, and from a further decision thereof filed July 20, 1967 reaffirming the prior decision. The record contained substantial evidence to support the finding of the board that the alleged employer was neither a general contractor nor a general or special employer of the claimant. The issue was one of fact for the board. (See Matter of Grefe v. Tractor Rentals, 30 A.D.2d 747, mot. for lv. to app. den. 22 N.Y.2d 646.)
Decisions affirmed, without costs.
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