In re the Claim of McDonald

Kane, J. (dissenting).

Claimant solicited orders for appellant’s wholesale hobby supply business. An Administrative Law Judge determined that his services did not constitute "employment” within the meaning of section 511 (subd 1, par [b], cl [1]) of the Labor Law and, on an appeal taken by the respondent Industrial Commissioner, the board agreed. Nevertheless, it found that claimant was an employee under common-law principles and adhered to its decision after reconsidering the matter. I believe its conclusion lacks substantial evidentiary support. Although claimant was provided with samples…