Claim of the Estate of Gross v. Three Rivers Inn, Inc.

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 AD2d 12, 16-17).

Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley.