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MATTER OF SHELLI v. ROSS

81 A.D.2d 111 (1981)

In the Matter of the Claim of Robert N. Shelli, Doing Business as Certified Reporting Company, Appellant, v. Philip Ross, as Industrial Commissioner, Respondent

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

June 11, 1981

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler (Andrea S. Christensen of counsel), for appellant.

Robert Abrams, Attorney-General (Paul S. Shemin and Frederick M. Paola of counsel), for respondent.

SWEENEY, J. P., KANE, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

In 1976, the Court of Appeals, in Matter of England (Levine) (38 N.Y.2d 829), affirmed a determination that freelance shorthand reporters were employees of reporting services and not independent contractors. On July 24, 1978, chapter 600 of the Laws of 1978 was enacted and it added a new subdivision 18 to section 511 of the Labor Law specifically providing that the term "employment" does not include...

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