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MATTER OF FOX

119 A.D.2d 868 (1986)

In the Matter of the Claim of Joan M. Fox, Respondent. James Whalen, Doing Business as Whalen's Service, Appellant; Lillian Roberts, as Commissioner of Labor, Respondent

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

April 3, 1986

Mikoll, J.

James Whalen challenges the finding by the Unemployment Insurance Appeal Board that claimant was his employee on the ground that it is unsubstantiated by the evidence. It is his contention that claimant was an independent contractor. Whalen further contends that the Board erred in failing to accord collateral estoppel effect to a ruling of the National Labor Relations Board (NLRB) which found that claimant and other drivers similarly situated...

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