Appellate Division of the Supreme Court of the State of New York January 5, 2012 (Claim of Blotko v. Solomon Oliver Mechanical Contracting)

Mercure, A.P.J.

*991We affirm. “The existence of an employer-employee relationship in a particular case is a factual issue for the Board to resolve and its finding must be upheld if it is supported by substantial evidence” (Matter of Mendoza v Dolgetta, 81 AD3d 1043, 1044 [2011] [internal quotation marks and citation omitted]; see Matter of Duma v Baca, 83 AD3d 1228, 1228 [2011]).