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MATTER OF LAFAYETTE STORAGE & MOVING CORP.

156 A.D.2d 871 (1989)

In the Matter of Lafayette Storage & Moving Corporation, Respondent. Thomas F. Hartnett, as Commissioner of Labor, Appellant

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

December 21, 1989

Mikoll, J.

The Commissioner of Labor challenged a finding by an Administrative Law Judge (hereinafter ALJ) that drivers who own their own tractors were not employees of Lafayette Storage & Moving Corporation (hereinafter Lafayette). The Commissioner claimed that the decision lacked substantial evidence and that the finding was inconsistent with a prior decision by the Unemployment Insurance Appeal Board...

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