MATTER OF MAURO


79 A.D.2d 1049 (1981)

In the Matter of the Claim of Nadine Mauro, Respondent. Southeastern Academy, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

January 15, 1981


Although the agreement executed by claimant referred to her as an independent contractor, the board was free to credit her testimony that she was required to attend weekly meetings and to report on the outcome of leads previously furnished to her. Moreover, despite the absence of any withholdings from her commissions and the lack of reimbursement for any expenses, claimant's sales presentation was largely, if not wholly, developed by the employer and she indicated that a...

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