MATTER OF 12 CORNELIA ST., INC.


56 N.Y.2d 895 (1982)

In the Matter of 12 Cornelia Street, Inc., Appellant. Philip Ross, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1982.


Attorney(s) appearing for the Case

John L. Bell for appellant.

Robert Abrams, Attorney-General (Peter H. Schiff, Paul S. Shemin and Grace A. Brannigan of counsel), for respondent.

John T. De Graff, Jr., and Michael T. Wallender for New York State Association of Realtors, Inc., amicus curiae.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the Unemployment Insurance Administrative Law Judge reinstated.

The decision of the Unemployment Insurance Appeal Board that petitioner's real estate salespersons are "employees" and that respondent thus properly assessed petitioner for additional contributions for unemployment insurance is not supported by substantial...

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