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In re the Claim of Benson

130 A.D.3d 1117, 10 N.Y.S.3d 915
Appellate Division of the Supreme Court of the State of New York·Decided July 2, 2015·Published

Opinion

Lahtinen, J.R

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed December 2, 2013, which ruled that Mastroianni Bros., Inc. was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated.

The dispositive issue in this appeal is controlled by our decision in the companion case of Matter of Mastroianni Bros., Inc. (Commissioner of Labor) (130 AD3d 1117 [2015] [decided herewith]). Substantial evidence supports the Unemployment Insurance Appeal Board’s decisions that claimant, a driver/ distributor for Mastroianni Bros., Inc., was an employee for purposes of unemployment insurance.

Garry, Lynch and Clark, JJ., concur. Ordered that the decisions are affirmed, without costs.

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In re the Claim of Benson, 130 A.D.3d 1117, 10 N.Y.S.3d 915 (N.Y. Ct. App. 2015).

130 A.D.3d 1117 (In re the Claim of Benson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Mastroianni Bros., Inc. (Commr. of Labor)
130 A.D.3d 1117 (Appellate Division of the Supreme Court of New York, 2015)