MATTER OF RIVERA


69 N.Y.2d 679 (1986)

In the Matter of the Claim of Juan F. Rivera, Respondent. State Line Delivery Service, Inc., Respondent; Lillian Roberts, as Commissioner of Labor, Appellant. (Proceeding No. 1.) In the Matter of the Claim of James P. Ross et al., Respondents. Majestic Messenger Service, Inc., Appellant; Lillian Roberts, as Commissioner of Labor, Respondent. (Proceeding No. 2.) In the Matter of Joan M. Fox, Appellant. James Whalen, Doing Business as Whalen's Service, Respondent; Lillian Roberts, as Commissioner of Labor, Appellant. (Proceeding No. 3.)

Court of Appeals of the State of New York.

Decided December 18, 1986.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard S. LoPrimo, Rochelle M. Baron and Iris A. Steel of counsel), for Lillian Roberts, as Commissioner of Labor, appellant in proceedings Nos. 1 and 3 and respondent in proceeding No. 2.

Evan J. Spelfogel for Majestic Messenger Service, Inc., appellant.

David J. Wukitsch for Joan M. Fox, appellant.

John D. Chestara for Juan F. Rivera, respondent.

Alvin Altman for State Line Delivery Service, Inc., respondent.

Donald W. Boyajian for James P. Ross, respondent.

Daniel P. Forsyth for James Whalen, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The orders of the Appellate Division in Rivera and Fox should be reversed, with costs, and the decisions of the Unemployment Insurance Appeals Board reinstated and the order of the Appellate Division in Ross should be affirmed, with costs.

In each of these cases whether the relationships of the operators-deliverers with the delivery companies is that of employees or independent contractors...

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