In re the Claim of Feldstein

Appellate Division of the Supreme Court of New York

In re the Claim of Feldstein

253 A.D.2d 992, 678 N.Y.S.2d 162, 1998 N.Y. App. Div. LEXIS 9754

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

DecidedSeptember 24, 1998

StatusPublished

Cited by4 cases

This text of 253 A.D.2d 992 (In re the Claim of Feldstein) 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 Feldstein, 253 A.D.2d 992, 678 N.Y.S.2d 162, 1998 N.Y. App. Div. LEXIS 9754 (N.Y. Ct. App. 1998).

Pincite

Opinion

Mikoll, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 27, 1996, which, inter alia, ruled that Feathered Nest, Inc. was liable for unemployment insurance contributions on remuneration paid to claimant and those similarly situated.

Claimant worked as a sales representative and broker for Feathered Nest, Inc., a real estate brokerage firm. Her job was [993]*993to negotiate the rental of apartments in Manhattan. Feathered Nest directed claimant’s work activities by requiring her to be accessible during business hours and wear a beeper. In addition, claimant was to submit detailed reports of her business activities, to attend staff meetings, work weekends on a rotating basis and obtain permission before working for other agencies. She was twice placed on probation for her failure to generate a sufficient amount of business. Other indicia of employment included Feathered Nest’s providing claimant with training, client leads, business cards, stationery supplies, office space, a telephone, a computer and support staff.

We conclude that substantial evidence supports the Unemployment Insurance Appeal Board’s finding of an employment relationship in this matter (see, Matter of 12 Cornelia St. [Ross], 56 NY2d 895, 897).

Free access — add to your briefcase to read the full text and ask questions with AI

Mikoll, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 27, 1996, which, inter alia, ruled that Feathered Nest, Inc. was liable for unemployment insurance contributions on remuneration paid to claimant and those similarly situated.

Claimant worked as a sales representative and broker for Feathered Nest, Inc., a real estate brokerage firm. Her job was [993]*993to negotiate the rental of apartments in Manhattan. Feathered Nest directed claimant’s work activities by requiring her to be accessible during business hours and wear a beeper. In addition, claimant was to submit detailed reports of her business activities, to attend staff meetings, work weekends on a rotating basis and obtain permission before working for other agencies. She was twice placed on probation for her failure to generate a sufficient amount of business. Other indicia of employment included Feathered Nest’s providing claimant with training, client leads, business cards, stationery supplies, office space, a telephone, a computer and support staff.

We conclude that substantial evidence supports the Unemployment Insurance Appeal Board’s finding of an employment relationship in this matter (see, Matter of 12 Cornelia St. [Ross], 56 NY2d 895, 897).

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D.2d 992, 678 N.Y.S.2d 162, 1998 N.Y. App. Div. LEXIS 9754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-feldstein-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack