MATTER OF ENGLAND


38 N.Y.2d 829 (1976)

In the Matter of the Claim of Frances L. England, Doing Business as Post Reporting Service, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided January 6, 1976.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for appellant.

James J. Duggan for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Employment, for purposes of determining employer liability for contributions to the unemployment insurance fund, is defined as "any service under any contract of employment for hire, express or implied, written or oral". (Labor Law, § 511, subd 1, par [a].) Whether a given relationship is to be classified as employer-employee or as customer-independent contractor is basically a question of fact to be decided...

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