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MATTER OF VILLA MARIA INST. OF MUSIC

54 N.Y.2d 691 (1981)

In the Matter of Villa Maria Institute of Music, Appellant. Philip Ross, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1981.

Attorney(s) appearing for the Case

Raymond V. Wylegala for appellant.

Robert Abrams, Attorney-General (Peter Crary, Shirley Adelson Siegel, Paul S. Shemin and Iris A. Steel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

There was substantial evidence in the record to support the determination of the Unemployment Insurance Appeal Board that an employment relationship existed between the Villa Maria Institute of Music and the instructors. Whether an employment relationship exists necessarily is a question of fact, involving a determination of "the existence...

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