In re the Claim of Dineen

New York Court of Appeals

In re the Claim of Dineen

409 N.E.2d 939, 50 N.Y.2d 964, 431 N.Y.S.2d 465, 1980 N.Y. LEXIS 2509

CourtNew York Court of Appeals

DecidedJune 24, 1980

StatusPublished

Cited by2 cases

This text of 409 N.E.2d 939 (In re the Claim of Dineen) is published on Counsel Stack Legal Research, covering New York Court of Appeals 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 Dineen, 409 N.E.2d 939, 50 N.Y.2d 964, 431 N.Y.S.2d 465, 1980 N.Y. LEXIS 2509 (N.Y. 1980).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board should be reinstated.

There was substantial evidence to sustain the finding of the referee, affirmed by the Unemployment Insurance Appeal Board, that Dineen was an employee rather than an independent contractor. There was evidence that it was a matter of choice with the individual salesman (rather than the employer) whether he be treated as an "employee” or an "independent contractor”, and that the substantial differences in treatment after the choice was made were in tax and profit sharing consequences rather than in the amenability of the salesman to the employer’s direction.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board should be reinstated.

There was substantial evidence to sustain the finding of the referee, affirmed by the Unemployment Insurance Appeal Board, that Dineen was an employee rather than an independent contractor. There was evidence that it was a matter of choice with the individual salesman (rather than the employer) whether he be treated as an "employee” or an "independent contractor”, and that the substantial differences in treatment after the choice was made were in tax and profit sharing consequences rather than in the amenability of the salesman to the employer’s direction.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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Bluebook (online)

409 N.E.2d 939, 50 N.Y.2d 964, 431 N.Y.S.2d 465, 1980 N.Y. LEXIS 2509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-dineen-ny-1980.

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