IN RE: the Claim of the ESTATE OF John P. GROSS (1998)

Court of Appeals of New York.

IN RE: the Claim of the ESTATE OF John P. GROSS, Deceased, Appellant, v. THREE RIVERS INN, INC., et al., Respondents, State Insurance Fund, Respondent. Workers' Compensation Board, Appellant. (And Another Related Claim.)

Decided: November 20, 1998

Dennis C. Vacco, Attorney-General, New York City (Howard B. Friedland, Barbara Billet, Peter H. Schiff, Daniel F. De Vita and Iris A. Steel of counsel), for Workers' Compensation Board, appellant. Sidney P. Cominsky, Syracuse, for estate of Gross, appellant. James P. O'Connor, New York City, and Jean S. Kneiss, Liverpool, for State Insurance Fund, respondent.

OPINION OF THE COURT

Order reversed, with costs, and matter remitted to the Appellate Division, Third Department, with directions to remand to the Workers' Compensation Board for further proceedings on the question of the employer-employee relationship, for the reasons stated in the dissenting opinion of Justice Paul J. Yesawich Jr. at the Appellate Division (238 A.D.2d 12, 16-17, 667 N.Y.S.2d 71).

Concur: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.

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