] Matter of Race (Commr. of Labor)

Appellate Division of the Supreme Court of New York

] Matter of Race (Commr. of Labor)

128 A.D.3d 1130, 6 N.Y.S.3d 504

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

DecidedMay 7, 2015

Docket518799

StatusPublished

Cited by4 cases

This text of 128 A.D.3d 1130 (] Matter of Race (Commr. of Labor)) 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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] Matter of Race (Commr. of Labor), 128 A.D.3d 1130, 6 N.Y.S.3d 504 (N.Y. Ct. App. 2015).

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Opinion

McCarthy, J.

Appeals from four decisions of the Unemployment Insurance Appeal Board, filed July 5, 2013 and July 9, 2013, which ruled, among other things, that Gannett Satellite Information Network, Inc. is liable for additional unemployment insurance contributions based on remuneration paid to claimants and others similarly situated.

Claimants contracted with Gannett Satellite Information Network, Inc. to deliver newspapers and other publications. After claimants applied for unemployment insurance benefits, the Unemployment Insurance Appeal Board ultimately determined that claimants were employees of Gannett and that Gannett was liable for contributions based on remuneration paid to claimants and others similarly situated. Gannett appeals.

For the purposes of determining whether an employment relationship existed, the contracts that Gannett entered into with claimants are identical in all relevant respects to those examined in Matter of Armison (Gannett Co., Inc .—Commis sioner of Labor) (122 AD3d 1101 [2014], lv dismissed 24 NY3d 1209 [2015]), Matter of Gager (Gannett Satellite Info. Network, Inc. —Commissioner of Labor) (127 AD3d 1348 [2015]) and Matter of Travis (Gannett Satellite Info. Network, Inc .—Commis sioner of Labor) (127 AD3d 1349 [2015]). For the reasons discussed in those decisions, substantial evidence supports the Board’s determinations that claimants were employees (see Matter of Travis [Gannett Satellite Info. Network, Inc .—Com missioner of Labor], 127 AD3d at 1349 [2015]; Matter of Gager [Gannett Satellite Info. Network, Inc. —Commissioner of Labor], 127 AD3d at 1348; Matter of Hunter [Gannett Co., Inc .—Com missioner of Labor], 125 AD3d 1166, 1167-1168 [2015]; Matter *1131 of Armison [Gannett Co., Inc. —Commissioner of Labor], 122 AD3d at 1102-1103). Gannett’s remaining contentions are without merit.

Lahtinen, J.P., Garry and Lynch, JJ., concur. Ordered that the decisions are affirmed, without costs.

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McCarthy, J.

Appeals from four decisions of the Unemployment Insurance Appeal Board, filed July 5, 2013 and July 9, 2013, which ruled, among other things, that Gannett Satellite Information Network, Inc. is liable for additional unemployment insurance contributions based on remuneration paid to claimants and others similarly situated.

Claimants contracted with Gannett Satellite Information Network, Inc. to deliver newspapers and other publications. After claimants applied for unemployment insurance benefits, the Unemployment Insurance Appeal Board ultimately determined that claimants were employees of Gannett and that Gannett was liable for contributions based on remuneration paid to claimants and others similarly situated. Gannett appeals.

For the purposes of determining whether an employment relationship existed, the contracts that Gannett entered into with claimants are identical in all relevant respects to those examined in Matter of Armison (Gannett Co., Inc .—Commis sioner of Labor) (122 AD3d 1101 [2014], lv dismissed 24 NY3d 1209 [2015]), Matter of Gager (Gannett Satellite Info. Network, Inc. —Commissioner of Labor) (127 AD3d 1348 [2015]) and Matter of Travis (Gannett Satellite Info. Network, Inc .—Commis sioner of Labor) (127 AD3d 1349 [2015]). For the reasons discussed in those decisions, substantial evidence supports the Board’s determinations that claimants were employees (see Matter of Travis [Gannett Satellite Info. Network, Inc .—Com missioner of Labor], 127 AD3d at 1349 [2015]; Matter of Gager [Gannett Satellite Info. Network, Inc. —Commissioner of Labor], 127 AD3d at 1348; Matter of Hunter [Gannett Co., Inc .—Com missioner of Labor], 125 AD3d 1166, 1167-1168 [2015]; Matter *1131 of Armison [Gannett Co., Inc. —Commissioner of Labor], 122 AD3d at 1102-1103). Gannett’s remaining contentions are without merit.

Lahtinen, J.P., Garry and Lynch, JJ., concur. Ordered that the decisions are affirmed, without costs.

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128 A.D.3d 1130, 6 N.Y.S.3d 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-race-commr-of-labor-nyappdiv-2015.

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