In re the Claim of Davila

Appellate Division of the Supreme Court of New York

In re the Claim of Davila

168 A.D.2d 771, 564 N.Y.S.2d 220, 1990 N.Y. App. Div. LEXIS 15227

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

DecidedDecember 13, 1990

StatusPublished

This text of 168 A.D.2d 771 (In re the Claim of Davila) 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.

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In re the Claim of Davila, 168 A.D.2d 771, 564 N.Y.S.2d 220, 1990 N.Y. App. Div. LEXIS 15227 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 24, 1989, which, inter alia, assessed Colorite Film Processing, Inc. for unemployment insurance contributions.

The conclusion that Colorite Film Processing, Inc. exercised sufficient direction and control over its messengers to establish their status as employees is supported by substantial evidence in the record (see, Matter of Di Martino [Buffalo Courier Express Co.—Ross], 59 NY2d 638). This is true even though there was evidence in the record which could have arguably supported a contrary conclusion (see, Matter of CDK Delivery Serv. [Hartnett], 151 AD2d 932). The messengers telephone Colorite’s dispatcher for pick-up instructions, the deliveries were required to be completed the same day, Colorite set the pay rates for small package delivery and sometimes directed the order of delivery, and customer complaints were directed to Colorite. The remaining contentions of Colorite have been addressed and found lacking in merit.

Decision affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 24, 1989, which, inter alia, assessed Colorite Film Processing, Inc. for unemployment insurance contributions.

The conclusion that Colorite Film Processing, Inc. exercised sufficient direction and control over its messengers to establish their status as employees is supported by substantial evidence in the record (see, Matter of Di Martino [Buffalo Courier Express Co.—Ross], 59 NY2d 638). This is true even though there was evidence in the record which could have arguably supported a contrary conclusion (see, Matter of CDK Delivery Serv. [Hartnett], 151 AD2d 932). The messengers telephone Colorite’s dispatcher for pick-up instructions, the deliveries were required to be completed the same day, Colorite set the pay rates for small package delivery and sometimes directed the order of delivery, and customer complaints were directed to Colorite. The remaining contentions of Colorite have been addressed and found lacking in merit.

Decision affirmed, without costs. Mahoney, P. J., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Bluebook (online)

168 A.D.2d 771, 564 N.Y.S.2d 220, 1990 N.Y. App. Div. LEXIS 15227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-davila-nyappdiv-1990.

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