In re the Claim of Hill

Appellate Division of the Supreme Court of New York

In re the Claim of Hill

26 A.D.2d 851, 273 N.Y.S.2d 805, 1966 N.Y. App. Div. LEXIS 3344

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

DecidedOctober 20, 1966

StatusPublished

This text of 26 A.D.2d 851 (In re the Claim of Hill) 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 Hill, 26 A.D.2d 851, 273 N.Y.S.2d 805, 1966 N.Y. App. Div. LEXIS 3344 (N.Y. Ct. App. 1966).

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Opinion

Memorandum by the Court. Appeal from a decision of the Unemployment Insurance Appeal Board which determined that claimant was not an employee of respondent charitable corporation which is engaged through its Industrial Division in the sale of products manufactured by blind craftsmen. The board found that claimant’s selling activities were conducted under a dealer’s written agreement in connection with the performance of which respondent association neither reserved the right nor subjected claimant to its supervision, direction and control. Such factual findings which equate the concept of an independent contractor rather than that of an employee (Matter of Morton, 284 N. Y. 167) have substantial support in the evidence and must be accepted as final and conclusive. (Labor Law, § 623; Matter of Sperling [Catherwood], 20 A D 2d 584, mot. for lv. to app. den. 14 N Y 2d 481.) Decision affirmed, without costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Staley, Jr., JJ., concur.

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Memorandum by the Court. Appeal from a decision of the Unemployment Insurance Appeal Board which determined that claimant was not an employee of respondent charitable corporation which is engaged through its Industrial Division in the sale of products manufactured by blind craftsmen. The board found that claimant’s selling activities were conducted under a dealer’s written agreement in connection with the performance of which respondent association neither reserved the right nor subjected claimant to its supervision, direction and control. Such factual findings which equate the concept of an independent contractor rather than that of an employee (Matter of Morton, 284 N. Y. 167) have substantial support in the evidence and must be accepted as final and conclusive. (Labor Law, § 623; Matter of Sperling [Catherwood], 20 A D 2d 584, mot. for lv. to app. den. 14 N Y 2d 481.) Decision affirmed, without costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Staley, Jr., JJ., concur.

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Bluebook (online)

26 A.D.2d 851, 273 N.Y.S.2d 805, 1966 N.Y. App. Div. LEXIS 3344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-hill-nyappdiv-1966.

Opinion

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