MATTER OF PELOW v. SORK ENTERPRISES

Order affirmed, with costs, on the opinion by Presiding Justice HERLIHY at the Appellate Division.

Concur: Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS. Chief Judge BREITEL and Judge JASEN dissent and vote to reverse and to reinstate the determination of the Workmen's Compensation Board on the ground that there was substantial evidence before the board to support the determination that decedent was in reality an employee of Sork Enterprises, Ltd.