In re the Claim of Coadney

Appellate Division of the Supreme Court of New York

In re the Claim of Coadney

221 A.D.2d 791, 633 N.Y.S.2d 427, 1995 N.Y. App. Div. LEXIS 11791

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

DecidedNovember 16, 1995

StatusPublished

This text of 221 A.D.2d 791 (In re the Claim of Coadney) 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 Coadney, 221 A.D.2d 791, 633 N.Y.S.2d 427, 1995 N.Y. App. Div. LEXIS 11791 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 1994, which assessed Anchor Fence Company of Northeast New York, Inc. for additional unemployment insurance contributions.

[792]*792Claimant worked for Anchor Fence Company of Northeast New York, Inc. as a fence installer from September 1990 through December 1992. The Board assessed Anchor for additional unemployment insurance contributions after finding it to be claimant’s employer. Anchor asserts that the Board’s decision is not supported by substantial evidence because claimant and the other fence installers worked as independent contractors. We disagree. The evidence in the record establishes that Anchor paid all of its installers a uniform rate of pay, furnished all materials, periodically inspected its installers’ work, handled customer complaints and arranged for workers’ compensation and liability insurance. In view of this, we find that substantial evidence supports the Board’s decision.

Cardona, P. J., Mikoll, Crew III, Casey and Peters, 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 October 4, 1994, which assessed Anchor Fence Company of Northeast New York, Inc. for additional unemployment insurance contributions.

[792]*792Claimant worked for Anchor Fence Company of Northeast New York, Inc. as a fence installer from September 1990 through December 1992. The Board assessed Anchor for additional unemployment insurance contributions after finding it to be claimant’s employer. Anchor asserts that the Board’s decision is not supported by substantial evidence because claimant and the other fence installers worked as independent contractors. We disagree. The evidence in the record establishes that Anchor paid all of its installers a uniform rate of pay, furnished all materials, periodically inspected its installers’ work, handled customer complaints and arranged for workers’ compensation and liability insurance. In view of this, we find that substantial evidence supports the Board’s decision.

Cardona, P. J., Mikoll, Crew III, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

221 A.D.2d 791, 633 N.Y.S.2d 427, 1995 N.Y. App. Div. LEXIS 11791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-coadney-nyappdiv-1995.