In re Stone Conveyor Co., Inc.

Appellate Division of the Supreme Court of New York

In re Stone Conveyor Co., Inc.

27 A.D.2d 887, 277 N.Y.S.2d 718, 1967 N.Y. App. Div. LEXIS 4697

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 1967

StatusPublished

Cited by2 cases

This text of 27 A.D.2d 887 (In re Stone Conveyor Co., Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Stone Conveyor Co., Inc., 27 A.D.2d 887, 277 N.Y.S.2d 718, 1967 N.Y. App. Div. LEXIS 4697 (N.Y. Ct. App. 1967).

Pincite

Opinion

Reynolds, J.

Appeal by the alleged employer from a decision of the Unemployment Insurance Appeal Board holding that two of appellant’s salesmen were employees and not independent contractors for the period January 1,1957 through March 31,1962 and assessing appellant additional contributions for that period. The question of the existence of an employment relationship is factual and thus it is only where we can say as a matter of law that such relationship does not exist that interference with the board’s determination is warranted (e.g., Matter of Morton [Miller], 284 N. Y. 167). Considering the relationship evidenced in the instant record and particularly the appellant’s control and supervision of the activities of the alleged employees in addition to the other indicia of employment status proven, there is no basis to disturb the board’s evaluation of the ease (Matter of Feuerbach v. Fuller Brush Co., 16 N Y 2d 582; Matter of Gordon v. New York Life Ins. Co., 300 N. Y. 652; Matter of Alson Sanitronic Corp. [Catherwood], 27 A D 2d 624). Decision affirmed, with costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Reynolds, J.

Appeal by the alleged employer from a decision of the Unemployment Insurance Appeal Board holding that two of appellant’s salesmen were employees and not independent contractors for the period January 1,1957 through March 31,1962 and assessing appellant additional contributions for that period. The question of the existence of an employment relationship is factual and thus it is only where we can say as a matter of law that such relationship does not exist that interference with the board’s determination is warranted (e.g., Matter of Morton [Miller], 284 N. Y. 167). Considering the relationship evidenced in the instant record and particularly the appellant’s control and supervision of the activities of the alleged employees in addition to the other indicia of employment status proven, there is no basis to disturb the board’s evaluation of the ease (Matter of Feuerbach v. Fuller Brush Co., 16 N Y 2d 582; Matter of Gordon v. New York Life Ins. Co., 300 N. Y. 652; Matter of Alson Sanitronic Corp. [Catherwood], 27 A D 2d 624). Decision affirmed, with costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Cite This Page — Counsel Stack

Bluebook (online)

27 A.D.2d 887, 277 N.Y.S.2d 718, 1967 N.Y. App. Div. LEXIS 4697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stone-conveyor-co-inc-nyappdiv-1967.

Opinion

Related

Cite This Page — Counsel Stack