
    In the Matter of the Claim of Rudy Watz, Respondent. Equitable Life Assurance Society of the United States, Respondent. Philip Ross, as Industrial Commissioner, Appellant.
    Argued January 10, 1979;
    decided February 8, 1979
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for appellant.
    
      MacNeil Mitchell, Patrick J. Caulñeld and Charles W. Muller for employer respondent.
    No appearance for claimant-respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree that there is not substantial evidence in . the record to sustain the determination of the appeal board that the relationship between claimant and Equitable Life Assurance Society was that of employee-employer during the period January 1, 1974 through December 1, 1974.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.  