In re for Claim Under Benefits Under Article 18 of the Labor Law

Appeal by the alleged employer from a decision of the Unemployment Insurance Appeal Board, which held claimant to be an employee of appellant and entitled to unemployment insurance benefits. Appellant operated a restaurant. Prior to the commencement of business in 1937 it seemed the services of one Hughie Barrett, an orchestra leader, to assemble an eleven-piece orchestra to furnish dance music at appellant’s restaurant. Claimant became a member of this orchestra for this especial engagement. The orchestra was not a permanent organization. The oral arrangement with Barrett was confirmed by…