MATTER OF WESTCHESTER REPORTING SERV., INC.


63 A.D.2d 1112 (1978)

In the Matter of Westchester Reporting Service, Inc., Appellant. Philip Ross, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1978


The sole evidence in this proceeding as to the status of the subject employees as independent contractors or employees within the meaning of the Unemployment Insurance Law consists of evidence submitted by the employer. It is well established that "resolution of the status of an employee as an independent contractor or as an employee entitled to benefits is generally a factual issue for the board." (Matter of Frattalone [Victor Addressing Corp. — Levine],

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