Matter of Benson (Commr. of Labor)

Opinion

State of New York

Supreme Court, Appellate Division Third Judicial Department Decided and Entered: July 2, 2015 519689

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In the Matter of the Claim of ROBERT A. BENSON, Respondent.

MASTROIANNI BROS., INC., MEMORANDUM AND ORDER Appellant.

COMMISSIONER OF LABOR, Respondent.

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Calendar Date: April 22, 2015

Before: Lahtinen, J.P., Garry, Lynch and Clark, JJ.

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McNamee, Lochner, Titus & Williams, PC, Albany (Scott C.

Paton of counsel), for appellant.

Bruce E. Knoll, Albany, for Robert A. Benson, respondent.

Eric T. Schneiderman, Attorney General, New York City (Steven Koton of counsel), for Commissioner of Labor, respondent.

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Lahtinen, J.P.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed December 2, 2013, which ruled that Mastroianni Bros., Inc. was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated.

The dispositive issue in this appeal is controlled by our decision in the companion case of Matter of Mastroianni Bros., Inc. (Commissioner of Labor) (___ AD3d ___ [2015] [decided

-2- 519689

herewith]). Substantial evidence supports the Unemployment Insurance Appeal Board's decisions that claimant, a driver/distributor for Mastroianni Bros., Inc., was an employee for purposes of unemployment insurance.

Garry, Lynch and Clark, JJ., concur.

ORDERED that the decisions are affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court