In re the Claim of Campano

Appellate Division of the Supreme Court of New York

In re the Claim of Campano

201 A.D.2d 781, 607 N.Y.S.2d 477, 1994 N.Y. App. Div. LEXIS 884

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

DecidedFebruary 3, 1994

StatusPublished

Cited by3 cases

This text of 201 A.D.2d 781 (In re the Claim of Campano) 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 the Claim of Campano, 201 A.D.2d 781, 607 N.Y.S.2d 477, 1994 N.Y. App. Div. LEXIS 884 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 11, 1993, which assessed Distribution Systems of America for additional unemployment insurance contributions.

There is substantial evidence in the record to support the Board’s conclusion that Distribution Systems of America exercised sufficient control over the services performed by claimant and others similarly situated as carriers to establish their status as employees. Among other things, the company established the deadlines for deliveries, the carriers called the [782]*782company upon completion of a delivery and would also notify the company of vacations and proposed route transfers. The company received customer complaints and made periodic spot checks. The company’s remaining arguments have been considered and rejected as unpersuasive.

Cardona, P. J., Mikoll, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 11, 1993, which assessed Distribution Systems of America for additional unemployment insurance contributions.

There is substantial evidence in the record to support the Board’s conclusion that Distribution Systems of America exercised sufficient control over the services performed by claimant and others similarly situated as carriers to establish their status as employees. Among other things, the company established the deadlines for deliveries, the carriers called the [782]*782company upon completion of a delivery and would also notify the company of vacations and proposed route transfers. The company received customer complaints and made periodic spot checks. The company’s remaining arguments have been considered and rejected as unpersuasive.

Cardona, P. J., Mikoll, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

201 A.D.2d 781, 607 N.Y.S.2d 477, 1994 N.Y. App. Div. LEXIS 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-campano-nyappdiv-1994.

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