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MATTER OF PEPSI COLA BUFFALO BOTTLING CORP.

144 A.D.2d 220 (1988)

In the Matter of Pepsi Cola Buffalo Bottling Corporation, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

October 27, 1988

Weiss, J. P.

This case has its genesis in an unemployment insurance claim filed by Robert S. Teno, who formerly worked as a distributor-driver pursuant to a subfranchise agreement with Pepsi Cola Buffalo Bottling Corporation. By letter dated May 20, 1985, the local unemployment office advised Pepsi that Teno was an independent contractor and thus ineligible for unemployment benefits. By letter dated December 4, 1985, however, the local office notified...

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